Eolas Patent Opposition Revealed

While news accounts credited Tim Berners-Lee's mighty pen with triggering the USPTO 
reexam of the Eolas plug-in patent that could negate a $520+ million judgment against 
Microsoft, newly released USPTO interview notes suggest the reexam may owe more to an 
alliance of tech giants who appear to have quietly advanced the same arguments to the 
USPTO weeks prior to Berners-Lee. According to a 4-27 Interview Summary, the USPTO 
presented Eolas with a 10-14 letter signed by in-house counsel from Microsoft, AOL and 
Macromedia, a 10-15 letter from Adobe, and a 10-22 letter from the law firm of Sidley Austin 
(aka Microsoft's lawyers) in connection with its proposed rejection of Eolas' patent claims. 
All predated the 10-24 letter from the W3C's counsel as well as Berners-Lee's 
widely-publicized 10-28 letter, which seems unlikely to have prompted the USPTO's detailed 
10-30 Reexam Order. The W3C has repeatedly had no comment when asked if the 'newly 
cited art' provided in its 10-24 filing had already been supplied earlier to the USPTO by 
others.

Links at:
http://weblog.siliconvalley.com/column/dangillmor/archives/010459.shtml#010459

Received on Saturday, 5 June 2004 18:31:59 UTC