Feeds

Appeals court hits rewind in Microsoft Eolas case

Reverses $565m penalty

  • alert
  • submit to reddit

Secure remote control for conventional and virtual desktops

The US Court of Appeals breathed new life into Microsoft’s patent spat with Eolas Wednesday when it reversed part of a lower court ruling in the case and sent it back for a new trial.

The decision reverses a $565m penalty slapped on Microsoft after a district court jury found the software giant infringed an Eolas patent covering a method of opening third party applications within a browser.

In its appeal Microsoft had argued that the original jury had been prevented from considering information on prior art relating to the technology.

Microsoft’s argument clearly washed with the appeals court, which while apparently upholding some parts of the original judgement has sent the case back for a new trial.

Microsoft described the decision as “a clear victory not only for Microsoft, but for Internet users as well” and claimed the ruling was “a clear affirmation of our position.”

Redmond also claimed that it will "now be able to tell the jury the whole story of how this technology was developed and to present evidence that shows that Eolas did not invent this technology, and that it was developed by others, particularly Pei-yuan Wei and his colleagues at O’Reilly and Associates.”"

“The ruling also gives Microsoft the opportunity to present evidence that Eolas knowingly withheld information about Pei-Wei’s invention to the Patent Office,” Microsoft claimed.

Eolas has yet to make a statement on Wednesday’s ruling.

The original decision had prompted concerns well beyond Microsoft, and the World Wide Web Consortium had prompted a US Patents and Trademark Office review of the Eolas patent. ®

Related stories

MS Eolas appeal begins
Microsoft patents tabbing through a web page
Microsoft wins another Eolas web patent battle
Eolas' web patent nullified
Microsoft loses $521m Eolas patent appeal

Security for virtualized datacentres

More from The Register

next story
Microsoft WINDOWS 10: Seven ATE Nine. Or Eight did really
Windows NEIN skipped, tech preview due out on Wednesday
Business is back, baby! Hasta la VISTA, Win 8... Oh, yeah, Windows 9
Forget touchscreen millennials, Microsoft goes for mouse crowd
Apple: SO sorry for the iOS 8.0.1 UPDATE BUNGLE HORROR
Apple kills 'upgrade'. Hey, Microsoft. You sure you want to be like these guys?
ARM gives Internet of Things a piece of its mind – the Cortex-M7
32-bit core packs some DSP for VIP IoT CPU LOL
Microsoft on the Threshold of a new name for Windows next week
Rebranded OS reportedly set to be flung open by Redmond
Lotus Notes inventor Ozzie invents app to talk to people on your phone
Imagine that. Startup floats with voice collab app for Win iPhone
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
The next step in data security
With recent increased privacy concerns and computers becoming more powerful, the chance of hackers being able to crack smaller-sized RSA keys increases.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.