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June 29, 2023

June 29, 2023

Prolitec Secures Major Win Against ScentAir: Most of ScentAir’s Patent Infringement Counterclaim is Withdrawn

Seattle, Washington – June 29, 2023. Seed IP secured a major victory on behalf of its client Prolitec Inc. in its patent infringement lawsuit against its competitor ScentAir Technologies, LLC. On June 29, 2023, ScentAir was forced to withdraw its counterclaim based on three of the four asserted patents because there was no merit to its infringement case.

ScentAir’s dropping of these claims is all the more important because the validity of the only ScentAir patent left in the case is currently being re-examined by the U.S. Patent & Trademark Office. This reexam was initiated in March when the USPTO granted Prolitec’s petition finding substantial new questions of patentability. USPTO statistics show that the vast majority of patent claims subjected to ex parte reexamination are either cancelled or amended. In addition, the remaining patent remains subject to Prolitec’s pending motion for judgment on the ground that it covers unpatentable subject matter under Section 101 of the Patent Act.

Seed IP looks forward to more success in Prolitec’s patent infringement suit against ScentAir, which will go to trial in January 2024.

Prolitec, founded in 1996, specializes in liquid-diffusion devices, and is a pioneer in the field of scent delivery systems for commercial and consumer applications, providing its ambient scenting products worldwide.

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Prolitec is represented by Seed IP attorneys Marc Levy, Syed Abedi, Jessica Gritton, and Tayah Woodard.

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