Microsoft had appealed to the Supreme Court relating to 35 U.S.C. § 271(f), as to whether patent infringement applies to worldwide sales. Microsoft had hoped not.

Eolas recently got past a re-examination in the patent office relatively unscathed. One of the examiner's reasons for allowance, distinguishing that the Eolas claims require a separate application from the browser application, offers a glimmer of hope for Microsoft, but separately compiled components with independent functionality may constitute a separate application, so Eolas could conceivably still cover practically any plug-in.