Click To Activate This Control

Users will be able to view embedded content and applications in their present form—until they update their Internet Explorer browsers on Windows. The browser update was first released as an optional update in February 2006. After users update the browser, they have to click embedded or "active" content before they interact with it.

Microsoft declined to license the technology when it was offered to them (and others) in 1994.

In 1999 Eolas filed suit in the US District Court for the Northern District of Illinois against Microsoft over validity and use of the patent. Eolas won the initial case in August 2003 and was awarded damages of $521m from Microsoft for infringement. The District Court reaffirmed its decision in January 2004.

In June 2004 Microsoft appealed the case to the Court of Appeals for the Federal Circuit. In March 2005 the District Court judgment was remanded, but the infringement and damages parts of the case were upheld. The appeals court ruled that the two Viola-related exhibits that had been thrown out of the original trial needed to be shown to a jury in a retrial. Microsoft quickly filed for a rehearing.

In October 2005, The Supreme Court of the United States refused to hear Microsoft's appeal, leaving intact the Federal Circuit Court of Appeals ruling in favor of Eolas with respect to foreign sales of Microsoft Windows. However, the remand to District Court has not been heard yet.

In February 2006, Microsoft modified its web browser to side-step the Eolas patent. All ActiveX controls will now need to be "activated" before they can be interacted with. Users will need to click once on an ActiveX control before being able to use its interface.