Crowell & Moring secured another win on behalf of ScentAir Technologies, LLC in its long-running patent infringement dispute with competitor Prolitec Inc. On Monday, Prolitec was forced to withdraw the assertion of one of its patents because there was no merit to its infringement theory. This is the latest in a long string of wins against Prolitec by ScentAir, a global leader in scent marketing for many of the world’s most recognized retail and hospitality brands.
Prolitec filed its current suit in July 2020 before the U.S. District Court for the District of Delaware, alleging ScentAir infringed four patents directed to removable cartridges for use with liquid scent diffusing devices. Within months, ScentAir secured its first strategic win, causing Prolitec to withdraw one of its patents, narrowing Prolitec’s case to eighteen claims of three patents. In April 2022, ScentAir secured its next win at the Patent Trial and Appeal Board (PTAB), when it successfully invalidated eleven of those eighteen remaining claims. With ScentAir’s latest victory, Prolitec is down to just six narrow claims of two patents, asserted against the Breeze, a product now transitioned out of ScentAir’s product line. In the meantime, ScentAir’s own countersuit against Prolitec and its Aera products for infringement of 78 claims across four ScentAir patents continues.
ScentAir’s successful defense against Prolitec’s serial claims of infringement dates back more than a decade to Prolitec’s 2012 case against ScentAir in the U.S. District Court for the Eastern District of Wisconsin. There, ScentAir prevailed before the PTAB, invalidating all original claims of Prolitec’s Wisconsin-asserted patents. The Wisconsin court then found the case exceptional and ordered Prolitec to pay ScentAir attorneys’ fees. U.S. District Court Judge Brett H. Ludwig summarized his award of the full amount of attorney fees sought: “Prolitec’s Unnecessary and Meritless Challenges to the Entry of Judgment Make this an ‘Exceptional’ Case under 35 U.S.C. 285.”
Crowell remains committed to extending ScentAir’s win streak as the case continues to trial in early 2024.
ScentAir’s Crowell team is led by partner Josh Pond and includes partner Vincent Galluzzo, counsel Molly Jones, and associate Ryan Fitzgerald.
About Crowell & Moring LLP
Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia. Drawing on significant government, business, industry and legal experience, the firm helps clients capitalize on opportunities and provides creative solutions to complex litigation and arbitration, regulatory and policy, and corporate and transactional issues. The firm is consistently recognized for its commitment to pro bono service as well as its programs and initiatives to advance diversity, equity, and inclusion.
