Eolas Update

Eolas strikes back; Microsoft prepares appeal

UC and Eolas filed a response to the U.S. Patent and Trademark Office 11 weeks after a USPTO examiner issued preliminary findings in a re-examination of the Eolas browser patent.

Attorneys for the university and Eolas on Tuesday filed the 10-page response and two declarations in order to rebut the preliminary findings, which would invalidate the patent if formally endorsed. The findings appeared to tip the closely watched case in Microsoft’s favor, acknowledging that the patent may have been wrongly granted. But they’re far from the last word, legal experts said, since they came early in what will likely be a years-long process.

While Microsoft is not formally involved in the re-examination process, it is preparing its own appeal to a $521 million patent infringement decision it lost to the university and Eolas in federal district court last year.