Klarquist Defeats All Patent Claims Asserted Against Client Microsoft
On September 29, 2014, in reexamination proceedings, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) affirmed the cancellation of all patent claims asserted against Klarquist’s client Microsoft in a separate case brought by NetView Technologies, Inc. NetView had accused Microsoft’s Excel Services of infringing U.S. Patent No. 7,251,776 (the ‘776 patent) in a 2009 lawsuit it filed in the District of Massachusetts. Klarquist represented Microsoft both in district court and before the USPTO.
The asserted ‘776 patent is generally directed to using spreadsheet information. Following claim construction arguments in the district court litigation, Klarquist filed an inter partes reexamination request with the PTO, arguing that the asserted claims were unpatentable over prior art. The PTO granted the reexamination request, and the district court stayed the litigation in September 2012, at Microsoft’s request. The USPTO examiner then rejected all challenged claims over multiple prior art references, and also rejected new claims proposed by NetView during the reexamination. NetView appealed to the PTAB. Klarquist attorney, John D. Vandenberg, argued for affirmance in a hearing before the PTAB, who affirmed. NetView did not appeal this ruling, and the parties jointly moved to dismiss with prejudice the district court action.