Winning at Intellectual Property and Internet Marketing Litigation: Slaying a Patent Troll That Preyed on the Affiliate Marketing Industry

When a patent troll continued to bully the affiliate marketing industry, network after network decided to settle because doing so was less costly than litigation.  So, when our client, one of the leading digital advertising exchange networks in the world, found itself in the crosshairs of one of the many coercive ecommerce traffic patent infringement lawsuits filed by the plaintiff, Hinch Newman sent a loud and clear message that the plaintiff had targeted the wrong company.

The dispute involved an Internet-based affiliate pooling patent.  The firm aggressively fought the matter.

Following extensive briefing and discovery, including the filing of a petition for inter partes review, a U.S. federal court agreed that the patent was an “abstract idea” and therefore invalid, and claims of patent infringement against Hinch Newman’s client were unfounded.

The ruling received significant media attention and was affirmed on appeal by the U.S. District Court of Appeals for the Federal Circuit.  Despite the plaintiff’s efforts, the Supreme Court subsequently declined to review the Federal Circuit’s holding.

Hinch Newman not only obtained a non-infringement ruling, it successfully and thoroughly invalidated the patent that threatened future affiliate marketing business operations.

Essociate, Inc. v. Clickbooth.com, LLC, 641 Fed. Appx. 1006 (Fed. Cir. 2016).

Informational purposes only. Not legal advice. May be considered attorney advertising.