Court Decisions Confirm Two More Prolitec Scenting System Patents

ScentAir Technologies' Efforts to Invalidate Prolitec Patents Defeated

NEW YORK, May 2, 2022 /PRNewswire/ -- In two decisions handed down April 22, 2022, a three-judge panel of The Patent Trial and Appeal Board (PTAB) refused ScentAir Technologies' request to invalidate a pair of Prolitec Inc. scent diffusion system patents. A Prolitec lawsuit pending in Delaware alleges ScentAir infringes both patents and another patent previously affirmed by the PTAB.

"This result is a significant victory for Prolitec," Corey C. Bell an attorney for Prolitec said. "43 of Prolitec's original 68 claims have survived the PTAB appeal process, permitting the three Prolitec patents to continue being asserted in the district court."

"Prolitec now has four bullet proof patents that can no longer be challenged as unpatentable by ScentAir or any other imitator," said Matt Ansley, Prolitec Executive VP and COO.

At issue in the April 22 decisions were U.S. Patent No 9,162,004 and U.S. Patent No. 9,745,976. While the Panel found some claims to be obvious and removed them, the Panel refused to invalidate 15 claims in the '004 patent and nine claims in '976 patent.

This week's decisions are the latest wins in Prolitec's long running infringement contentions against ScentAir. On April 26 of 2001 the PTAB panel affirmed Prolitec's U.S. Patent No. 9,480,767. In 2019 the PTAB affirmed a substitute claim in U.S. Patent No. 7,712,683.

"We could not be more pleased by the PTAB decisions," said Richard Weening. Prolitec Chairman and CEO. "ScentAir's defense that the Prolitec patents they infringe were not patentable in the first place is now lost. The door is wide open for us to intensify efforts to remove ScentAir copies from the market and to pursue other imitators."

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SOURCE Prolitec