Speculation Re Eolas v. Microsoft Settlement

Eolas Techs. Inc. v. Microsoft Corp., No. 99 C 626 (N.D. Ill.) (Pallmeyer, J.).

Speculation regarding Judge Pallmeyer's delay of the Eolas v. Microsoft trial is starting in the MSM and on the internet.  The Seattle Post-Intelligencer and the Internetnews.com both have pieces reporting that Eolas and Microsoft are working toward settlement.  Both stories quote a Microsoft spokesperson as saying, "[Microsoft is] in active discussions with Eolas Technologies regarding a possible settlement ."

As I said in my previous posts, I will not comment on any news from this case because of my family's connection to it, but feel free to discuss the case in the comments.

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Kurt - August 3, 2007 8:57 AM

It seems as though Microsoft could be more willing to settle now because of its connection to the Patent Reform Act of 2007. Microsoft is a big proponent of that legislation, and the damage award in this case is one of the examples being used to push the Act in Congress. If they actually contest the case on the merits, they may actually end up winning (particularly post-KSR), which would deflate somewhat the arguments that have been advanced in Congress as to why the onerous damage apportionment in the Act is "needed."

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