5,838,906 claims automated invocation of an embedded control (like ActiveX) in a web browser, allowing immediate user interaction. That charming feature could end up costing Microsoft $1/2 billion in infringement damages, for a product Microsoft gives away.

In October 2003, Microsoft had announced a modification to its browser, Internet Explorer (IE), then scrapped the mod in January 2004, vowing to fight on.

The new workaround, outlined in a MSDN (Microsoft Developer Network) technical note, requires a user click before interacting with an ActiveX control. $1/2 billion for a single user click!

This new workaround is a simplification of what Microsoft had in mind earlier. Microsoft spokesman Michael Wallent, Windows Client division general manager, said, "Instead of non-stop dialog boxes, the page will load normally now and won't be as disruptive. It will only require a click to activate [the control] if the user wants to interact with it. It's significantly less intrusive than what we originally planned to do."

As to the legal battle, "The appeal is ongoing and we expect a retrial to begin sometime in 2006. Given that we found this design [around the patent] that we think is of limited impact, we decided to put the change out there and remove any uncertainties."

The patch will be included in new copies of Windows released and sold, as well as mixed into an update distributed to existing Windows customers through Microsoft's online Windows update mechanism.