Charles W. Parker v. Microsoft Corporation

NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-1017
CHARLES W. PARKER,
Plaintiff-Appellant,
v.
MICROSOFT CORPORATION,
Defendant.
Charles W. Parker, of Durham, North Carolina, pro se.
Appealed from: United States District Court for the District of Columbia
Judge Henry H. Kennedy, Jr.

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NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-1017
CHARLES W. PARKER,
Plaintiff-Appellant,
v.
MICROSOFT CORPORATION,
Defendant.
__________________________
DECIDED: January 10, 2007
__________________________
Before LOURIE, LINN, and MOORE, Circuit Judges.
PER CURIAM.
Charles W. Parker (“Parker”) appeals 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). We review a district court’s frivolousness determination for an
abuse of discretion. Denton v. Hernadez, 504 U.S. 24, 32 (1992). 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. Id.
at 33-34. On appeal, Parker provides us with no persuasive basis to conclude that the
district court abused its discretion in dismissing the action. We affirm.

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