EOLAS TECHNOLOGIES INC. v. MICROSOFT CORP.

No. 04-1234.

399 F.3d 1325 (2005)

EOLAS TECHNOLOGIES INCORPORATED and the Regents of the University of California, Plaintiffs-Appellees, v. MICROSOFT CORPORATION, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 2, 2005.


Attorney(s) appearing for the Case

Martin R. Lueck, Robins, Kaplan, Miller & Ciresi L.L.P., of Minneapolis, Minnesota, argued for plaintiff-appellees. With him on the brief were Jan M. Conlin, Richard M. Martinez, and Munir R. Meghjee. Of counsel was Emily M. Rome.

Constantine L. Trela, Jr., Sidley Austin Brown & Wood LLP, of Chicago, Illinois, argued for defendant-appellant. With him on the brief were David T. Pritikin, Richard A. Cederoth, Robert N. Hochman, and Carter G. Phillips, of Washington, DC. Of counsel on the brief were H. Michael Hartmann, Brett A. Hesterberg, and Steven P. Petersen, Leydig, Voit & Mayer, Ltd., of Chicago, Illinois. Of counsel was Thomas Andrew Culbert, Microsoft Corporation, of Redmond, Washington.

Gregory S. Coleman, Weil, Gotshal & Manges LLP, of Austin, Texas, for amicus curiae Oracle Corporation. With him on the brief were Matthew D. Powers and Edward R. Reines, of Redwood Shores, California.

John D. Vandenberg, Klarquist Sparkman, LLP, of Portland, Oregon, for amici curiae Autodesk, Inc., et al.

Charles K. Verhoeven, Quinn Emanuel Urquhart Oliver & Hedges, of San Francisco, California, for amici curiae Netscape Communications Corporation, et al. With him on the brief were David A. Perlson and Jennifer A. Kash.

Gerard M. Stegmaier, Wilson Sonsini Goodrich & Rosati, of Reston, Virginia, for amicus curiae Association For Competitive Technology. With him on the brief was Craig M. Tyler.

Before RADER, Circuit Judge, FRIEDMAN, and PLAGER, Senior Circuit Judges.


RADER, Circuit Judge.

The United States District Court for the Northern District of Illinois granted final judgment to Eolas Technologies Incorporated and the Regents of the University of California (collectively, Eolas) after a jury found that Microsoft Corporation (Microsoft) infringed claims 1 and 6 of U.S. Patent No. 5,838,906 (the '906 patent) and actively induced United States users of Internet Explorer to infringe claim 1. The district court also invoked 35...

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