Add a bookmark to get started

12 February 20241 minute read

DLA Piper represents ScentAir in patent litigation victory over Prolitec

DLA Piper represented ScentAir Technologies (ScentAir), a global leader in scent marketing solutions, in a significant victory in its years-long patent infringement lawsuit initiated by industry competitor Prolitec, Inc. 

On January 26, 2024, a District of Delaware jury returned a defense verdict for ScentAir, absolving it of any patent infringement liability in connection with its sale of the Breeze commercial scenting device. The case was the first phase of a competitor litigation between Prolitec, a manufacturer of scent diffusion devices, and ScentAir.  

The Court had previously granted ScentAir partial summary judgment of no literal infringement, leaving only a doctrine of equivalents theory for trial. The Court also granted a Daubert motion striking significant portions of Prolitec’s expert’s opinions on damages for lack of apportionment. The jury determined that the ScentBreeze did not meet the limitations of Prolitec’s claims under their equivalents theory, and so ScentAir was not liable for any direct, induced or contributory infringement. ScentAir’s counterclaims for infringement of ScentAir’s patents on its proprietary scenting technology remain pending.

The DLA Piper team representing ScentAir at trial included Jeff Castellano and Stephanie O’Byrne (both in Wilmington).