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Re: Background information on Mr. Wei Pei

From: Kimberly J. Blessing <kimberly@kimberlyblessing.com>
Date: Mon, 01 Sep 2003 12:36:12 -0400
Message-Id: <5.1.0.14.2.20030901120745.07bd7c58@mail.kimmiecorp.com>
To: public-web-plugins@w3.org

We don't know exactly what information Microsoft presented, but from UC's 
FAQ (at http://www.ucop.edu/news/archives/2003/aug11art1qanda.htm) we do 
know that Microsoft did refer to Mr. Wei. From the UC FAQ:

"One of Microsoft's defenses related to its claim that UC's patent is 
invalid because a Mr. Pei Wei invented the technology prior to UC's 
inventors. Following presentation of that evidence by Microsoft at trial, 
the judge determined that, as a matter of law, no jury could find for 
Microsoft on that issue."


The NY Times also reported the following on August 12 (original at 
http://query.nytimes.com/gst/abstract.html?res=F2071FFA3A550C718DDDA10894DB404482, 
copied at http://web.uccs.edu/ur/mediawatch/August2003/NYTimes_08_12_03.htm):

"Microsoft called on another researcher, Pei Wei, who in the 1990's 
developed a technology called Viola at the Experimental Computing Facility 
at the University of California at Berkeley. The company argued that the 
Viola work predated Mr. Doyle's invention, but the judge ruled that the 
jury could not consider that issue in weighing the patent violation question."


I'm no legal expert, so I am curious to understand why the jury was not 
permitted to consider the prior art argument in this case.

Also, I am intrigued by the link that both Doyle (Eolas) and Wei share with 
the University of California. As the first post in this thread 
demonstrates, there has been an ongoing discussion on the Internet for some 
time surrounding who first demonstrated such a technology. We can only 
guess that some other politics are involved here...

Kimberly Blessing
Received on Monday, 1 September 2003 12:39:14 UTC

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