LevelUp Prevails Against Another Frivolous Patent Infringement Claim

July 11, 2014

Foley Hoag’s client LevelUp, the nation’s largest mobile payment network, won a patent infringement case filed against the company by a Massachusetts resident. On July 7, 2014, Judge Timothy Hillman of the United States District Court of the District of Massachusetts entered summary judgment in favor of LevelUp, concluding that LevelUp does not infringe any claim of the patent asserted by Mr. Jack Barron, whose patent is directed to a method for communicating messages over a financial network. LevelUp, which respects the legitimate intellectual property rights of all persons, maintained from the outset that Mr. Barron’s claims were frivolous and extortionate. LevelUp was pleased and vindicated by the court’s early ruling, which was entered prior to the commencement of any discovery in the case. The action was Barron v. SCVNGR, Inc. d/b/a LevelUp, Case No. 13-cv-40084-TSH, United States District Court for the District of Massachusetts.

This case marks the second time in six months that LevelUp has prevailed against a baseless assertion of patent infringement. In January, an individual that had sued LevelUp in the United States District Court for the Northern District of California agreed to withdraw his claims without any payment by LevelUp.

Foley Hoag Partner Philip Swain and LevelUp General Counsel Brian Carroll, himself a former Foley Hoag partner, represented LevelUp in both the Massachusetts and the Northern District of California cases.

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