Appeals Court Sends Eolas Case Back For New Trial

Rolan writes "News.com is reporting that an Appeals court has partially overturned the lower court's decision in favor of Eolas. From the story: "Microsoft on Wednesday claimed a victory in a high-profile Web browser patent dispute, as an appeals court partially reversed a lower court decision that left the software giant exposed to $565 million in damages." The article does not say what part was or was not overturned." Reader shogusumi adds a link to the ruling itself (PDF), supplies a link handy for catching up with the claims at issue here, and writes "As a refresher, this is the case that claims that the functionality provided by IE through the use of embed, applet, and object tags violates a patent owned by Eolas and the University of California."

Comments

Skrew MICROSOFT!........OH WAIT..

[scosco62]

This is a good test of how strong your IP belief system is...............especially if you hate Microsoft.

IHMO, some things should remain unpatentable....until both sides on the IP issue agree on that, the patent lawyers will continue to make everyone pay. I don't think case will be the one that does it either.

Just my 2 cents.........

More Details....

[Rolan]

As usual, the news didn't give the full story. The judgement has been vacated and remanded, meaning that it's back in the District Court's hands to redo....

From the ruling:

In conclusion, because the district court improperly granted JMOL in Eolas' favor on Microsoft's anticipation and obviousness defenses and improperly rejected Microsoft's inequitable conduct defense, this court vacates the district court's decisions and remands for further proceedings on these issues. In addition, this court affirms the district court's claim construction of "executable application" and finds the district court did not err in its jury instruction with regard to the claim limitation "utilized by said browser to identify and locate." Finally, this court affirms the district court's holding that "components," according to section 271(f)(1), includes software code on golden master disks.

The enemy of my enemy is not my friend

[etymxris]

But in this case, Eolas is the enemy of everyone. If Microsoft does well here, it's not a victory so much for Microsoft as it is for everyone. I wish them luck.