Monday, December 21, 2009

Eolas Technologies Files Infringement Lawsuit

Internet technology provider Eolas Technologies Inc. is announcement a Texas federal accusation filed today to advance the company’s bookish acreage rights based on two groundbreaking patents, including one that has anesthetized two abstracted reexaminations at the United States Patent and Trademark Office (USPTO) and resulted in a $565 actor federal cloister acumen in 2004.

Eolas Technologies conducts leading-edge analysis and development to actualize avant-garde technologies in abstracts analysis, visualization, accord and networking. During the accomplished 15 years, Eolas’ innovations accept enabled corporations about the apple to enhance their articles and advance their customers’ website experiences.

The lawsuit, filed in the U.S. District Court for the Eastern District of Texas, includes claims accompanying 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 aboriginal approved about in 1993, enabling Web browsers for the aboriginal time to act as platforms for fully-interactive anchored applications. This beat browser technology provides affluent alternate online adventures for added than a billion Web users worldwide. The Patent Office accepted the ‘906 Patent in November 1998.

The ‘906 Patent was the accountable of above-mentioned action adjoin Microsoft Corp. that resulted in a 2004 federal acumen of added than $565 actor in favor of Eolas. The USPTO has affirmed the authority of the ‘906 Patent in three abstracted proceedings, including two apparent reexaminations, the a lot of contempo of which assured in February 2009.

The ‘985 Patent is a assiduity of the ‘906 patent, and allows websites to add fully-interactive anchored applications to their online offerings through the use of constituent and AJAX (asynchronous JavaScript and XML) web development techniques. The Patent Office issued the ‘985 Patent in October 2009.

Dr. Michael D. Doyle, administrator of Eolas, says the accusation is an accomplishment to assure the company’s patented technology.

“Intellectual acreage is the aspect of the U.S. economy. The primary acumen for this has been the success of the U.S. apparent arrangement in acceptance the avant-garde aggregation in a acreage to advance and bazaar its new inventions after accepting competitors unfairly accumulation from the innovator’s harder work,” says Dr. Doyle. “We developed these technologies over 15 years ago and approved them widely, years afore the exchange had heard of alternate applications anchored in Web pages borer into able limited resources. Profiting from anyone else’s addition after transaction is fundamentally unfair. All we ambition is what’s fair.”

Mike McKool, arch of the civic law close McKool Smith and advance admonition for Eolas, says he hopes the accusation will put an end to the boundless crooked use of the company’s technology patents.

“What distinguishes this case from a lot of apparent apparel is that so abounding accustomed companies called as defendants are anarchic a apparent that has been disqualified accurate by the Patent Office on three occasions,” says Mr. McKool.

The accusation includes some of the world’s arch companies based on their actionable use of the Eolas patents in websites and added products.

The companies called as defendants cover 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 accessory 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 accessory of Google Inc.

The case is Eolas Technologies Inc. v. Adobe Systems Inc., et al., No. 6:09-cv-446.

For added advice or to account Mr. McKool about the case, amuse acquaintance Mike Androvett at 800-559-4534 or mike@androvett.com.

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