High Court Refuses to Hear Microsoft Patent Case

WASHINGTON — The U.S. Supreme Court will not consider Microsoft's appeal of a $521 million jury verdict over patent issues surrounding its widely used Internet Explorer software.

By refusing to hear Microsoft's appeal, the high court has left the fate of the case in the hands of a lower court.

The case dates back to 1999, when Eolas Technologies accused Microsoft of using patented Eolas technology to embed and invoke interactive objects, such as applets and plugins, within Microsoft’s Internet Explorer web browser. The technology in question protects the execution of remote code embedded in hypertext pages.

A jury in 2003 ordered Microsoft to pay $521 million for infringing U.S. patent No. 5,838,906, which Eolas licenses from the University of California.

The jury found that Microsoft IE had infringed on the patent and awarded damages of $1.47 for each copy of the 350 million copies of Windows that Microsoft shipped worldwide between November 1998 and September 2001.

The decision also would have forced changes in the way applets and plugins such as Macromedia Flash and Adobe Acrobat are embedded into millions of web pages.

However, such actions never became necessary because the U.S. Court of Appeals for the Federal Circuit threw out the verdict earlier this year due to technical issues.

That ruling was only a partial victory for Microsoft, however, because the appeals court did not kill the case outright. Rather, it sent the case back to U.S. District Court for a second jury trial, leaving open the possibility that Microsoft would once again lose and face huge penalties.

In an effort to avoid such a fate, Microsoft had requested that the high court review the way in which damages could be calculated when the case goes back for further proceedings.

Microsoft argued that the lower court was incorrect in basing the award on worldwide sales rather than domestic sales. The company argued that basing the award on worldwide sales is an unconstitutional expansion of the scope of U.S. patents.

The case is Microsoft Corp. v. Eolas Technologies, 05-288.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

NATS Launches Integrated Content Management System

Too Much Media (TMM) has rolled out an integrated, no-charge Content Management System (CMS) to its NATS platform.

AEBN Reveals Avery Lust as Top Trans Star for Q3 of 2025

AEBN has published its top trans stars list for the third quarter of 2025, with Avery Lust landing atop the leaderboard.

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Reena Sky Launches New Paysite

Reena Sky has launched her new official paysite, ILoveReenaSky.com.

NextGen Payment Joins ASACP as Corporate Sponsor

NextGen Payment has signed on as the latest corporate sponsor for the Association of Sites Advocating Child Protection (ASACP).

Lauren Phillips, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2025

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2025.

XBIZ 2026 Conference to Debut All-New Company Lounges, Community Track

The event website for XBIZ 2026 is now live, unveiling details for North America’s largest adult industry conference, including two all-new show features: Company Lounges and a Community Track.

Mymember.site Integrates VR Functionality

Mymember.site has added virtual reality playback capability to its website management platform.

Texas Patti to Launch Fetish Platform 'EmpireDom'

Performer and content creator Texas Patti is launching a new platform for doms and fetish creators, EmpireDom.com.

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Show More