Last month, a New York judge ruled in a favor of comparison shopping website FindtheBest’s motion on a judgment on the pleadings and invalidated Lumen View Technology LLC’s so-called patent trolls lawsuits. The judge’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.
FindtheBest co-founder Kevin O’Connor fought the case after it was decided Lumen View Technology’s litigation was meritless, and the executive even took to the blogosphere to fight his cause. According to businessweek, the lawsuit was just one of at least 20 Lumen had filed, according to court documents. Since assembling a legal team is generally more expensive than paying the proposed licensing free, many firms especially start-ups, take the latter route.
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 and decided to fight it under the Racketeer Influenced and Corrupt Organizations (RICO) Act and other state laws against the parties involved.
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).
FindtheBest is a website that allows consumers research information and data about goods and services by comparing prices and other granual information, calling itself the “ultimate research hub for making informed decisions.” Since it launched in 2010, has raised about $17 million in venture capital funding.
The claim follows an investigation of the troll that sued the startup, Lumen View Technology. The investigation started when O'Connor and FindTheBest Director of Operations Danny Seigle simply started making phone calls. "The first thing you think is, who the hell are these guys?” O’Connor told arstechnica.com. He ultimately called the lead inventor listed on the patent which describes a system for "multilateral decision-making."
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