Microsoft Drops First DJ Action Case Against Biogy in Favor of Second One

In April, Microsoft and Okta filed separate Northern District of California complaints seeking declaratory judgments of noninfringement of a patent held by Biogy, Inc., which moved to dismiss both for lack of case or controversy. Last week Microsoft voluntarily dismissed its suit, without prejudice, and filed a new complaint (5:25-cv-04957), seeking the same declaratory judgment of noninfringement—this time based on an updated set of facts relevant to the court’s subject matter jurisdiction. Okta opted to file an amended complaint in its existing case instead.