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Thursday, September 29, 2005

Microsoft loses bid to have Web applications patent tossed out

By JOEL ROSENBLATT
BLOOMBERG NEWS

Microsoft Corp.'s bid to invalidate a patent covering Web applications was dealt a setback after the U.S. Patent and Trademark Office on Wednesday upheld the patent owned by the University of California.

The University of California sued Microsoft for infringing the patent, which permits the use of interactive applications such as looking at and buying merchandise on different Web pages, according to Trey Davis, director of special projects for the University of California. Microsoft uses the technology in its Explorer Web browser, Davis said.

In March, the U.S. Court of Appeals for the Federal Circuit in Washington sent the case back to federal court in Chicago.

To win at retrial, Microsoft attempted to challenge the validity of the patent held by the University of California and licensed to closely held Eolas Technologies Inc.

The Patent and Trademark Office's decision "makes it much more difficult for Microsoft to prevail" in the Chicago infringement case, Davis said. "This is yet another venue that has rejected the Microsoft argument that someone else invented this Web browser technology before U.C. did."

Microsoft spokeswoman Caroline Sanderson said the decision is "disappointing news, but we are committed to seeing this case through to a successful resolution."

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