Microsoft Corporation v. Parallel Networks Licensing,
LLC
Addressing the standard for the 35 U.S.C. §§ 315(a)(1)
and (b) statutory bars to filing an inter partes review
(IPR) petition, the Patent Trial and Appeal Board (PTAB or Board)
concluded that, notwithstanding by the petitioners prior filing of
a declaratory judgement (DJ) action, the petition-at-issue should
not be barred, since the declaratory judgement was voluntarily
dismissed without prejudice. Microsoft Corporation v. Parallel
Networks Licensing, LLC, IPR2015-00483 (PTAB, July 15, 2015)
(Crumbley, APJ).
Microsoft filed a petition for an IPR of Patent Owner Parallel
Networks Licensing's (Parallel) patent, which relates to a
system and method for managing dynamic web page generation requests
and providing web pages in response to those requests. Parallel
argued that Microsoft should be statutorily barred from bringing
its petition under 35 U.S.C. §§ 315(a)(1) and (b).
Section 315(a)(1) bars a petitioner
