The U.S. Court of Appeals for the Federal Circuit, without comment, said Microsoft could appeal U.S. District Judge James B. Zagel’s refusal to step down from the case that centers on whether the company’s Internet Explorer browser infringes a patent.
Zagel had preceded over the previous trial that had found against Microsoft to the tune of $521 million. Also, earlier in the month, Microsoft asked for a another Patent Office examination of the Eolas patent:
The new request for re-examination filed by attorneys at Klarquist Sparkman claims, “The patent owner has compromised the pending Director-instituted reexamination of the ’906 patent … by failing to tell the Examiner about prior art in its possession that would have materially changed the prior art landscape in front of the Examiner.”
More by following the links and in previous posts about the Eolas case.