Leventhal Law beats down Patent Troll for victory
SAN DIEGO, CA – December 12, 2013 – On November 22, Judge Denise Cote of the Southern District of New York (Case No. 13-cv-3599) granted FindTheBest.com, Inc.’s motion for judgment on the pleadings and invalidated Lumen View Technology LLC’s patent. Judge Cote’s ruling in favor of FindTheBest.com, represented by Leventhal Law, found that the patent lacked any inventive ideas and failed to claim patent-eligible subject matter. The decision resulted in a judgment in favor of FindTheBest and sends the message that reform is required at the US Patent & Trademark Office (USPTO).
The invalidated patent claimed a process of matching two parties’ preferences. As Judge Cote noted in her ruling, “It is evident by clear and convincing evidence that the patent is invalid. … Having two or more parties input preference data is not inventive. Matchmakers have been doing this for millennia.”
FindTheBest’s win comes after several months of aggressive litigation against the patent troll. In May 2013, Lumen View Technology sent FindTheBest a letter demanding that it pay a licensing fee or face “full-scale litigation” and “protracted discovery.” Recognizing that Lumen View Technology’s infringement claim was meritless, FindTheBest hired Leventhal Law and committed to defend itself in court.
In addition to attacking Lumen View Technology’s infringement claims, Leventhal Law recognized that the patent at issue claimed questionable subject matter under the patent statute. In a long-shot attempt to secure an early win for its client, Leventhal Law filed the motion for judgment on the pleadings, which asked the court to assess the validity of the patent prior to claim construction or discovery.
Joe Leventhal, attorney and founder of Leventhal Law says, “This ruling demonstrates that the patent, on its face, meets the ‘clear and convincing’ evidentiary standard to invalidate the patent. Although this ruling is a victory, the USPTO should never have forced FindTheBest to pay hundreds of thousands of dollars to correct the USPTO’s mistake.”
FindTheBest credits Leventhal Law with their victory. Kevin O’Connor, CEO of FindTheBest.com, says, “We are very pleased we found the right partner for this battle. The attorneys at Leventhal Law had creative and persuasive arguments that ultimately won this case. We look forward to working with Joe Leventhal and his team as we push forward with our RICO action.”
Leventhal Law and FindTheBest have been making news with FindTheBest’s filing of a RICO complaint against Lumen View Technology and the individuals and entities behind the patent troll. That separate matter remains pending in the Southern District of New York (Case No. 13-cv-6521).