Google Inc. and JC Penney have filed complaints for declaratory judgment of non-infringement against Eolas Technologies. In December 2013, Eolas sent cease-and-desist letters to Google and JC Penney accusing the companies of infringing two patents related to methods of running applications on a distributed hypermedia computer network (8,082,293, 8,086,662). Google and JC Penney contend the in-suit patents are siblings of two patents previously asserted by Eolas in 2009 and subsequently invalidated in 2012 (5,838,906, 7,599,985). All four patents claim priority to US Patent Application No. 08/324,443, and Google and JC Penney argue the patents all claim essentially the same subject matter. During examination, the PTO rejected all pending claims in the applications for ‘293 and ‘662, concluding them to be too substantially similar to the claims of the ‘906 and ‘985 patents; a finding Google and JC Penney maintain Eolas did not dispute.
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