from the they-won't-give-up dept
This summer, the judge in the case agreed that the key patents were invalid. Eolas had ridiculously tried to argue that the fact that some other companies had previously licensed the patents should have been shared with the jury to prove the "validity" of the patents. Of course, that's ridiculous on its face as trolls often convince companies to license bogus patents because it's cheaper to settle and license than to fight a bad patent lawsuit (even if you win). Of course, the judge blasted Eolas over this desire... because earlier in the case, Eolas had specifically argued that the jury shouldn't be allowed to know of Eolas' previous "business success or failure." Basically, Eolas didn't want the jury to know it was a troll without any real business. However, as the judge realized, Eolas can't hide that bit of info and then want the jury to have this other bit of info from its past.
Thus, for all intents and purposes it seemed that those two key patents -- 5,838,906 and 7,599,985 -- were effectively dead.
So it was a bit of a surprise to find out that Eolas/University of California has now sued Facebook, Disney and Wal-mart over those same patents (and a couple others). Apparently, Cal and Eolas figure that if they just keep suing, maybe one of these times they'll win.
What's really amazing is that this scorched earth, anti-innovation effort hasn't created more backlash for the University of California, and Berkeley in particular, given its proximity to Silicon Valley. You'd think that alums of the University who work at the various innovative tech companies that keep getting sued would speak out against their alma mater. It's pretty sad to see the University of California trying to set up a tollbooth on innovation by using such ridiculous patents.