Well, the long-awaited decision in Eolas Technologies, Inc., et al. v. Microsoft Corp. was handed down by the Federal Circuit today. The good news for Microsoft is that the case is remanded for further consideration of its invalidity and inequitable conduct defenses. The half-billion dollar jury award against MS thus goes away, for now. The bad news is that the Federal Circuit upheld the lower court’s claim construction and ruled MS waived certain issues on appeal. If they can’t make the invalidity and/or inequitable conduct defenses stick, they may wind up right back where they started.

I haven’t reviewed the decision fully, but it looks to be a bit of a draw. The parties would be wise to discuss settlement. More later.

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Photo of Philip P. Mann Philip P. Mann

Philip P. Mann is a trial lawyer with over twenty years experience litigating patent, trademark, trade secret, and other intellectual property matters throughout the country.
Mann’s trial work has taken him to various federal and state courts where he’s tried both cases to…

Philip P. Mann is a trial lawyer with over twenty years experience litigating patent, trademark, trade secret, and other intellectual property matters throughout the country.
Mann’s trial work has taken him to various federal and state courts where he’s tried both cases to the court (a judge) as well as before juries. In addition to trial court work, Mann has performed appellate work before the United States Court of Appeals for the Federal Circuit.
Mann began his legal career in Chicago and Milwaukee before heading to Seattle where some of America’s most innovative companies were developing new technologies at breakneck speed. Before founding his own firm, he was a member of the Seattle Intellectual Property Law Firm, Christensen O’Connor Johnson Kindness.
Mann is an “AV” rated lawyer by Martindale Hubbell, indicative that he has reached the height of professional excellence and is recognized for the highest levels of skill and integrity.
He holds a degree in Electrical Engineering from the University of Illinois (Urbana) and received his law degree from the Washington University School of Law in St. Louis, Missouri. He is admitted to practice in the States of Illinois and Washington, as well as before the United States Patent and Trademark Office, and in various courts around the country.