Eolas Technologies Files Infringement Lawsuit
October 06 2009 - 9:15AM
PR Newswire (US)
TYLER, Texas, Oct. 6 /PRNewswire/ -- Internet technology provider
Eolas Technologies Inc. is announcing a Texas federal lawsuit filed
today to assert the company's intellectual property rights based on
two groundbreaking patents, including one that has passed two
separate reexaminations at the United States Patent and Trademark
Office (USPTO) and resulted in a $565 million federal court
judgment in 2004. Eolas Technologies conducts leading-edge research
and development to create innovative technologies in data analysis,
visualization, collaboration and networking. During the past 15
years, Eolas' innovations have enabled corporations around the
world to enhance their products and improve their customers'
website experiences. The lawsuit, filed in the U.S. District Court
for the Eastern District of Texas, includes claims related to two
Eolas patents, U.S. Patent No. 5,838,906 ('906 Patent) and U.S.
Patent No. 7,599,985 ('985 Patent). The '906 Patent embodies
technology first demonstrated publicly in 1993, enabling Web
browsers for the first time to act as platforms for
fully-interactive embedded applications. This advanced browser
technology provides rich interactive online experiences for more
than a billion Web users worldwide. The Patent Office granted the
'906 Patent in November 1998. The '906 Patent was the subject of
prior litigation against Microsoft Corp. that resulted in a 2004
federal judgment of more than $565 million in favor of Eolas. The
USPTO has affirmed the validity of the '906 Patent in three
separate proceedings, including two patent reexaminations, the most
recent of which concluded in February 2009. The '985 Patent is a
continuation of the '906 patent, and allows websites to add
fully-interactive embedded applications to their online offerings
through the use of plug-in and AJAX (asynchronous JavaScript and
XML) web development techniques. The Patent Office issued the '985
Patent in October 2009. Dr. Michael D. Doyle, chairman of Eolas,
says the lawsuit is an effort to protect the company's patented
technology. "Intellectual property is the lifeblood of the U.S.
economy. The primary reason for this has been the success of the
U.S. patent system in allowing the innovative company in a field to
develop and market its new inventions without having competitors
unfairly profit from the innovator's hard work," says Dr. Doyle.
"We developed these technologies over 15 years ago and demonstrated
them widely, years before the marketplace had heard of interactive
applications embedded in Web pages tapping into powerful remote
resources. Profiting from someone else's innovation without payment
is fundamentally unfair. All we want is what's fair." Mike McKool,
head of the national law firm McKool Smith and lead counsel for
Eolas, says he hopes the lawsuit will put an end to the widespread
unauthorized use of the company's technology patents. "What
distinguishes this case from most patent suits is that so many
established companies named as defendants are infringing a patent
that has been ruled valid by the Patent Office on three occasions,"
says Mr. McKool. The lawsuit includes some of the world's leading
companies based on their unlicensed use of the Eolas patents in
websites and other products. The companies named as defendants
include San Jose, Calif.-based Adobe Systems Inc. (NASDAQ:ADBE);
Seattle-based Amazon.com (NASDAQ:AMZN); Cupertino, Calif.-based
Apple Inc. (NASDAQ:APPL); Newton, Mass.-based Argosy Publishing
Inc.; Dallas-based Blockbuster Inc. (NYSE:BBI); Vernon Hills,
Ill.-based CDW Corp.; New York-based Citigroup Inc. (NYSE:C); San
Jose, Calif.-based eBay Inc. (NASDAQ:EBAY); Plano, Texas-based
Frito-Lay Inc. [a subsidiary of Purchase, New York-based PepsiCo
Inc. (NYSE:PEP)]; Scottsdale, Ariz.-based The Go Daddy Group Inc.;
Mountain View, Calif.-based Google Inc. (NASDAQ:GOOG); Plano,
Texas-based J.C. Penney Co. Inc. (NYSE:JCP); New York-based
JPMorgan Chase & Co. (NYSE:JPM); Boulder, Colo.-based New
Frontier Media Inc. (NASDAQ:NOOF); Delray Beach, FL-based Office
Depot Inc. (NYSE: ODP); Plano, Texas-based Perot Systems Corp.
(NYSE:PER); Chicago, Ill.-based Playboy Enterprises International
Inc. (NYSE:PLA); Plano, Texas-based Rent-A-Center Inc.
(NASDAQ:RCII); Framingham, Mass.-based Staples Inc. (NASDAQ:SPLS);
Santa Clara, Calif.-based Sun Microsystems Inc. (NASDAQ: JAVA);
Dallas-based Texas Instruments Inc. (NYSE:TXN); Sunnyvale,
Calif.-based Yahoo! Inc. (NASDAQ:YHOO); and San Bruno, Calif.-based
YouTube LLC, a subsidiary of Google Inc. The case is Eolas
Technologies Inc. v. Adobe Systems Inc., et al., No. 6:09-cv-446.
For more information or to interview Mr. McKool about the case,
please contact Mike Androvett at 800-559-4534 or . DATASOURCE:
McKool Smith CONTACT: Mike Androvett, 1-800-559-4534, , for McKool
Smith Web Site: http://www.mckoolsmith.com/
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