Cole Schotz Secures Major Win Following Bench Trial in Ongoing Patent Defense Case

Cole Schotz secured a favorable order on July 28, 2025 in an ongoing patent litigation defense matter on behalf of 360Booth Inc. and its principal, Jay Smithweck, in the U.S. District Court for the Middle District of Florida. Following a two-day bench trial in August 2024, the Court found three out of four patents asserted by plaintiff Stephen M. Swinford were unenforceable due to inequitable conduct.

The order marks a major win in years-long litigation on behalf of 360Booth – a company that provides photo studio solutions for automotive dealerships.

After protracted litigation and numerous pleadings disclosing 360Booth’s various defenses in the matter, plaintiff subsequently withdrew several of the asserted patents. Significantly, the Court also previously found 360Booth’s inequitable conduct claims meritorious enough to order that those claims be tried before the plaintiff’s infringement claims – a rare and favorable procedural outcome that paved the way for this week’s order.

“We’re pleased with the court’s recent order.” said Smithweck. “We look forward to continuing to work with Cole Schotz as the case proceeds to an eventual end.”

The Cole Schotz trial team was led by member Rajkumar Vinnakota and included members Vishal Patel and Scott Topolski, associates Ian Ross Phillips and Amanda DeGroote and paralegal Andrea Hegedish. Christopher Evans of Offor Evans PLLC served as co-counsel.

The case is Stephen M. Swinford v. 360Booth Inc. and Jay G. Smithweck, case number 8:21-cv-02993-MSS-UAM, in the U.S. District Court for the Middle District of Florida, Tampa Division.