Anticipate This!™ | Patent and Trademark Law Blog

Charles W. Parker v. Microsoft

Posted in Opinion Commentary by Jake Ward on January 11, 2007

Alas, the Inventor of the Elemental Atom is Trampled by Microsoft. 

(Fed. Cir. 2007, 07-1017), non-precedential

Parker appealed a final judgment of the United States District Court for the District of Columbia dismissing his patent infringement action against Microsoft Corporation as frivolous. Parker v. Microsoft Corp., No. 06-CV-00540 (D.D.C. Mar. 23, 2006).

On appeal, the CAFC reviewed the district court’s frivolousness determination. In finding no abuse of discretion, the CAFC stated:

Parker’s allegations that he has patented the “elemental atom” and that Microsoft has infringed his rights by using and improperly claiming inventorship of such an invention are “fanciful,” “fantastic,” and “delusional” contentions supporting the district court’s determination. 

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