SABETY WINS A PATENT TROLL CASE USING ARCHIVED MATERIALS

SABETY WINS A PATENT TROLL CASE USING ARCHIVED MATERIALS

The firm threatened a patent troll with sanction for bringing a frivolous patent infringement case in Scanning Technologies Innovations, LLC v. Shopkeep, Inc., Case No. 1:19-cv-02010-CFC (D. De.) The plaintiff withdrew the complaint. The alleged infringing software was commercially used, promoted and described in a patent application filed long before the plaintiff’s patent was filed. Filing patent applications as well as maintaining a historical record of source code revisions, documentation and early versions of websites can provide admissible evidence demonstrating that these early versions of a product or service are prior art to a plaintiff’s patent.  In addition, this case shows how filing patent applications can provide a defense against patent infringement.  In the world of fast-moving start-ups, this archival function is often overlooked, which can turn a frivolous patent case into a more serious one.

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