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.
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.
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Results may vary depending on your particular facts and legal circumstances.
As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication. No aspect of this advertisement has been approved by the highest court in any state.
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