A 35-PAGE OPINION by a federal judge in Chicago released after the holidays appears to bolster a small research and development company's case that Microsoft's technology may infringe on its patented Web browser technology.

   ADVERTISEMENT
  

Free IT resource

Virtualization Insights from Top Experts - Learn how virtualization gets real!

Sponsored by Dell

Free IT resource

TechNet: More ways to know it, share it, and keep it running.

Sponsored by Microsoft

RELATED LINKS
»  AT&T buys high-speed wireless spectrum for $2.5 billion
»  Update: Sprint chief Forsee resigns
»  IT trainer offers master's degree for hackers
»  Wireless RSS feed 

IDG ENTERPRISE NETWORK
• More Network LAN/WAN News...  (ComputerWorld)
• Wireless EV-DO on board  (ComputerWorld)

TOP NEWS 


IT SOLUTION SEARCH

Eolas Technologies, which develops Internet technologies that it licenses to third parties, has alleged in a civil suit that Microsoft's Windows 98 and Windows 95 operating systems as well as its Web browser Internet Explorer infringe on Eolas' patented technology. Eolas says it holds a patent on technology that allows a Web browser to access interactive programs embedded in a Web page, such as plug-ins, applets, scriptlets, or ActiveX controls.

Microsoft, in Redmond, Wash., has disputed all the claims made by Wheaton, Ill.-based Eolas, which filed its suit February 1999 in the U.S. District Court for the Northern District of Illinois.

During three days in October last year, a hearing, known as a Markman hearing, was held to determine the claims of the Eolas patent. The claims, in essence, define the invention and "must particularly point out and distinctly claim the subject matter which the applicant regards as his invention," according to the most recent court opinion. The judge in the hearing determined, in his opinion, what the claims are for the patent, said Martin Lueck, Eolas' attorney in the case.

On Dec. 28, District Court Judge James B. Zabel released his opinion.

"In our opinion, we considerate it a favorable opinion," Lueck said. "We are now going to ask [the judge] to take it to trial."

Microsoft spokesman Jim Cullinan said the company had no comment.

In his opinion, the judge said one key phrase was being disputed by the two companies within the patent. Three subpoints from the phrase were dissected and the judge, according to his opinion, appears to side with Eolas on two points and states that factual issues need to be explored more on the third point.

A schedule for future depositions and more discovery is expected in the next months, and the case ultimately may go to trial, Lueck said. No specific date, however, has been set for the next phase of the case, he added. In initial court filings, Eolas has said it is seeking unspecified damages and an injunction to force Microsoft to stop manufacturing the allegedly infringing products.

The patent in question is held by the Regents of the University of California and inventors Michael Doyle, David Martin, and Cheong Ang. Doyle is the CEO of Eolas, which is the exclusive licensee of the patent.

Doyle led a research team in the early 1990s that developed a software system designed to provide the medical community with inexpensive access to 3-D medical images over the Internet. Doyle and his colleagues discovered during development that their technology could be embedded into any kind of program on a Web page.

The Eolas patent in question is U.S. Patent No. 5,838,906 granted Nov. 17, 1998. It can be viewed by searching at the U.S. Patent and Trademark Office Web site at www.uspto.gov.