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Eolas Pursues Injunction on Microsoft Explorer
In a follow-up move from its $521 million infringement award, Eolas Technologies has moved to prevent Microsoft from selling any version of its Windows operating system with the infringing Internet Explorer (IE) browser. In August, a jury found that the IE browser infringed a patent licensed to Eolas from the University of California because of the way the browser opened and accessed external applications known as “plug-ins.” Microsoft filed motions to set aside the verdict and grant a new trial based on the unusual size of the award and its inability to present evidence of earlier invention to the jury. Microsoft has also created a new version of the IE browser, which it claims does not infringe the patent. Microsoft indicated that the new version may require an extra click or two, but would not fundamentally change the browser. Eolas has stated that it would set aside the jury verdict in exchange for a paid up license with interest, but Microsoft has continued its work-around strategy with the new designs and its appeals. Other companies, such as Apple Computer, Sun Microsystems, and Macromedia have offered to help Microsoft appeal the verdict.
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