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USPTO Reexam Finds $521M Eolas Patent Valid
theodp writes "As predicted earlier on Slashdot, looks like the W3C goofed by shutting out the public and asking the Patent Office to base its reexamination of the Eolas Web Plug-In Patent solely on prior art promoted by Microsoft. The USPTO has reaffirmed the validity of the $521M patent, rejecting the W3C's prior art as deficient for not demonstrating the capability of ongoing real-time manipulation and control by the user. The USPTO also considered but rejected the prior art of the Viola Browser, which formed the basis for Microsoft's appellate argument. Ironically, Eolas' defense was bolstered by the arguments of its expert witness, 2005 EFF Pioneer Award Winner Ed Felten."
Nope. Nobody has deployed a non-infringing solution as of yet. Just about every browser (except maybe lynx) infringes on this.
Ironically, Eolas' defense was bolstered by the arguments of its expert witness, 2005 EFF Pioneer Award Winner Ed Felten."
Unless I'm missing something, this isn't ironic.
Irony is a gulf between what you would expect and what happened. This isn't; in fact, it's EXACTLY WHAT YOU WOULD EXPECT.
You would EXPECT that Eolas's defense would be bolstered by arguments of its witnesses, that's why they are Eolas's witnesses.
(Now, you may find it ironic that Ed Felten was testifying for them, but that's not what the sentence says.)
Are you serious???? Have you not heard of the Patent Reform Act of 2005, H.R. 2795 ?
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.
http://www.ipo.org/template.cfm?Section=Patent_Re
This is making major MAJOR changes to patent law (prior use rights, first to file instead of first to invent, creation of public opposition proceedings, publication of all patents, etc, etc, etc.) in 10 or 12 MAJOR areas of patent law.
And this thing is going to pass. It has wide congressional bipartisan support and the support of the all the major players. And it is a good thing for consumers.
Yikes, get your facts straight.
Lawrence Lessig is my personal hero.
The University of California owns the patent and licenses it to Eolas. I wouldn't be surprised if UC wasn't helping foot the bill for the litigation and will receive a chunk of the reward as well.
What?