19 Jan 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.