Scanning Tech Innovations LLC v. Linga POS LLC

I. Executive Summary and Procedural Information

• Case Name: Scanning Technologies Innovations, LLC v. Linga POS, LLC
• Parties & Counsel:
  • Plaintiff: Scanning Technologies Innovations, LLC (Texas)
  • Defendant: Linga POS, LLC (Florida)
  • Plaintiff’s Counsel: Scott Wagner & Associates, PA.
• Case Identification: 2:20-cv-00429, M.D. Fla., 06/18/2020
• Venue Allegations: Plaintiff alleges venue is proper because Defendant is deemed to reside in the district, has a regular and established place of business there, and has committed acts of infringement in the district.
• Core Dispute: Plaintiff alleges that Defendant’s point-of-sale system infringes a patent related to using a mobile device to scan a product and check a local database to indicate whether additional information is accessible via a network.
• Technical Context: The technology addresses improving the user experience of mobile product scanning by providing an immediate indication of data availability, even when network connectivity is poor or unavailable.
• Key Procedural History: The patent-in-suit is part of a family of applications claiming priority back to 2012. The complaint does not reference any prior litigation, licensing history, or post-grant proceedings involving the asserted patent.

Case Timeline

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 9,934,528 - "Systems and Methods for Indicating the Existence of Accessible Information Pertaining to Articles of Commerce," issued April 3, 2018

The Invention Explained

• Problem Addressed: The patent identifies the user frustration that occurs when scanning an article of commerce with a mobile device, waiting for the device to connect to a network, and then discovering that no information about the article is available ('528 Patent, col. 2:1-5). This problem is exacerbated in locations with poor or non-existent network service ('528 Patent, col. 3:34-39).
• The Patented Solution: The invention proposes a system where a mobile device first downloads and stores a "look-up table" from a server ('528 Patent, FIG. 4A). This local table links product symbologies (e.g., UPCs) to "information link indicators." When a user scans an item, the device consults this local table—without needing an active network connection—to determine if external information is available. It then provides a status signal to the user, indicating whether a link to more information exists ('528 Patent, Abstract; col. 4:5-19).
• Technical Importance: This method allows a user to "immediately determine if product information is available" without the delay or failure associated with establishing a network connection at the time of the scan ('528 Patent, col. 2:11-15).

Key Claims at a Glance

• The complaint asserts at least independent Claim 1 (Compl. ¶13).
• Claim 1 Essential Elements:
  • A system comprising a mobile device with a portable handheld housing, a communication interface, a signal processing device, and a visual input device affixed within the housing.
  • Digital files associated with the mobile device.
  • A server with a database storing a "look-up table" containing symbologies and associated "information link indicators."
  • The information link indicator is a "status signal indicating the existence or absence of a link" to information accessible via a communication network.
  • The visual input device scans an image, decodes a symbology, and forwards it to the signal processing device.
  • The signal processing device looks up the symbology in the local look-up table to determine if a link exists, performing this determination "without accessing the communication network."
• The complaint does not explicitly reserve the right to assert dependent claims.

III. The Accused Instrumentality

Product Identification

• The Linga POS point-of-sale system, app, and any similar products (the "Product") (Compl. ¶14).

Functionality and Market Context

• The accused Product is a point-of-sale system, often running on an iPad, designed for retail and restaurant environments (Compl. ¶16). It uses a wireless barcode scanner for managing inventory and processing checkouts (Compl. ¶17). The system is described as "cloud-based," utilizing a server to store an inventory database that tracks products by SKU/UPC, quantity, price, and other attributes (Compl. ¶¶9, 20). A key feature highlighted in the complaint is the system's "Offline Mode," which allegedly allows iPads to "work independently without the need of a server computer or another iPad" and "even works without the internet" (Compl. ¶26; p. 19). The complaint provides a screenshot of the Linga POS interface for adjusting inventory, which displays an "Inventory Count" for various items (Compl. ¶5, p. 5).

IV. Analysis of Infringement Allegations

’528 Patent Infringement Allegations

• Identified Points of Contention:
  • Scope Questions: A central question may be whether the accused Product's internal inventory management database, which tracks stock for a specific business, constitutes a "look-up table for indicating an existence of a link to information pertaining to an article of commerce" as contemplated by the patent. The patent's language appears to focus on a consumer accessing general product information, raising the question of whether an internal business tool falls within the claim scope.
  • Technical Questions: The infringement theory relies heavily on the functionality of the "Offline Mode." A key factual question will be whether checking a locally cached inventory count on the iPad is technically the same as the patent's described method of consulting a downloaded "look-up table" to determine if a link to external information exists. The court may need to examine the specific architecture of the offline feature and the nature of the "link" being indicated.

V. Key Claim Terms for Construction

• The Term: "information link indicator"

  • Context and Importance: This term is at the heart of the invention. The outcome of the case may depend on whether Linga's "Inventory Count" (Compl. ¶23) is construed to be an "information link indicator." Practitioners may focus on this term because its definition will determine whether an internal stock-keeping status can meet the claim limitation.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification describes the indicator as potentially being a "status or check signal indicating that information is available," which could be argued to encompass any binary status like in-stock/out-of-stock ('528 Patent, col. 4:10-12).
    • Evidence for a Narrower Interpretation: The claims and specification repeatedly frame the indicator as signaling "the existence or absence of a link to information pertaining to a respective article of commerce, the link being made to the information via the communication network" ('528 Patent, Claim 1, col. 12:1-4). This could support a narrower construction requiring the indicator to point toward the availability of external data, not just internal inventory status.

• The Term: "without accessing the communication network"

  • Context and Importance: This limitation defines the key technical benefit of the patent. Infringement hinges on proving that the accused "Offline Mode" operates in the manner required by the claim.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The plain language could be interpreted to mean simply that no network call is made at the moment of the lookup. Checking a locally stored or cached file that was previously synced via the network could satisfy this language.
    • Evidence for a Narrower Interpretation: The patent describes a specific sequence of downloading a look-up table for the purpose of subsequent offline checks ('528 Patent, FIG. 4A). An opposing argument could be that a system designed for constant cloud-syncing, whose offline mode is merely a temporary data cache, does not practice the specific architecture of the claimed invention.

VI. Other Allegations

• Indirect Infringement: The complaint does not plead specific facts to support claims of induced or contributory infringement, such as knowledge and intent to cause infringing acts by others.
• Willful Infringement: The complaint does not allege a factual basis for willful infringement, such as pre-suit knowledge of the patent or objective recklessness. The prayer for relief includes a general request for damages under 35 U.S.C. § 284, which allows for enhancement, but the pleading itself lacks specific willfulness allegations (Compl. p. 21).

VII. Analyst’s Conclusion: Key Questions for the Case

• A core issue will be one of definitional scope: can the patent’s claim language, which describes a system for indicating the availability of general information about an "article of commerce," be construed to cover an internal inventory management feature of a business-to-business point-of-sale system?
• A key evidentiary question will be one of technical operation: does the accused "Offline Mode," which appears to check a local or cached inventory count, perform the same function as the claimed method of consulting a pre-downloaded "look-up table" to determine the existence of a link to information "without accessing the communication network"? The case may turn on whether checking an internal inventory status is functionally equivalent to checking for the availability of external, network-accessible data.