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Eolas Sues Again: This Time, Facebook, Disney and Wal-Mart 97

judgecorp writes "Eolas, which claims to have patented key aspects to web browsers, is suing again, this time targeting Facebook, Disney and Wal-Mart for infringing hypertext patents. Eolas settled with Microsoft and has sold licenses to other players — but two of the four patents in this case have previously been declared invalid."
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Eolas Sues Again: This Time, Facebook, Disney and Wal-Mart

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  • by pavon ( 30274 ) on Thursday September 13, 2012 @03:34PM (#41326917)

    Most people responding to you have assumed you are referring to Apple. If that is the case, then you are late. Eolas already sued Apple back in October 2009 [allthingsd.com], and they settled August 2011 [law360.com].

  • by Theaetetus ( 590071 ) <theaetetus,slashdot&gmail,com> on Thursday September 13, 2012 @04:28PM (#41327583) Homepage Journal

    They are suing over 4 patents, two of which have already been ruled invalid. Shouldn't they suffer a significant penalty for knowingly suing over an invalid patent?

    I was curious about that, too, so I just looked up the filing documents on PACER. The patents were declared invalid in the Eolas v. Google et al. trial, and Eolas has appealed that decision to the Federal Circuit (which they're allowed to do). This suit was filed with a request to stay all deadlines, pending the outcome of the Appeal in the Google suit.

    Basically, this reserves Eolas' filing date for the suit, which may be important for statute of limitations issues or other issues, but it's going to sit there with no requirement for Facebook or anyone else to even respond until the other suit is done. If the Federal Circuit reverses the jury decision and finds the patents valid, then this one can go ahead, and they haven't sued over an invalid patent. If the Federal Circuit affirms the jury decision, then they can amend the complaint to remove the two invalid patents. Either way, Facebook et al don't have to even reply for a year or two.

  • Re:Makes me wish (Score:4, Informative)

    by serviscope_minor ( 664417 ) on Thursday September 13, 2012 @04:43PM (#41327803) Journal

    I feel awful that I have to say this, but it makes me wish that Tim Berners-Lee would have taken out a defensive patent on the web.

    Nope. The thing is, Eolas have no products and produce nothing, so they cannot be sued for patent infringement. Even if others have patents on braodly the same kind of thing.

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