CM Systems v. TransAct Technologies: Dismissed With Prejudice After 870 Days
CM Systems, LLC filed suit in Connecticut federal court alleging TransAct Technologies’ BOHA! food-service terminal ecosystem infringed two labeling and workflow patents. After nearly two and a half years of litigation, both parties stipulated to dismiss all claims and counterclaims with prejudice — each side bearing its own costs.
A 30-Month Patent Fight Over Food-Service Labeling Tech Ends in Mutual Walk-Away
CM Systems, LLC filed this infringement action on May 3, 2022, in the United States District Court for the District of Connecticut, asserting two patents — US9811788B2 and US11004020B2 — against TransAct Technologies’ broad BOHA! product line. The accused products span the full BOHA! ecosystem, including the BOHA! Terminal, BOHA! Workstation, BOHA! Labeling, BOHA! Food Prep, BOHA! Temp, BOHA! Timer, BOHA! Checklist, BOHA! Inventory, BOHA! Food Recall, BOHA! Sense, and related applications, as well as the legacy Accudate 9700 and Ithaca 9000 hardware.
The case closed on September 19, 2024, via a Rule 41(a)(1)(A)(ii) stipulated dismissal with prejudice. This mechanism requires mutual consent of all parties and carries permanent legal effect: all claims and counterclaims are extinguished and cannot be relitigated. The with-prejudice designation is particularly significant here — it bars CM Systems from reasserting the same patents against the same accused products in a future action, while TransAct’s counterclaims are equally foreclosed.
The 870-day duration — from filing in May 2022 to closure in September 2024 — is consistent with a case that proceeded through substantial pre-trial motion practice, potentially including claim construction, before the parties reached resolution. The equal-cost allocation suggests a negotiated commercial compromise rather than a clear litigation winner. What drove the resolution — whether a licensing arrangement, a business relationship change, or a mutual assessment of litigation risk — is not disclosed on the public docket.
Filing to Dismissed with Prejudice in 870 days
870 days — above the median for patent cases resolved without trial in D. Conn., suggesting substantive pre-trial proceedings before settlement.
Stipulated dismissal with prejudice: what the Rule 41 exit means for both parties
Rule 41 stipulated dismissal — a bilateral, court-filed exit
Under Fed. R. Civ. P. 41(a)(1)(A)(ii), a plaintiff may dismiss an action without a court order if all parties who have appeared sign a stipulation. Here, both CM Systems and TransAct Technologies signed, making the dismissal self-executing upon filing. No judicial approval was required, and no merits ruling was issued. The with-prejudice designation reflects the parties’ deliberate choice to permanently close all claims.
No court merits rulingWith prejudice means these patents cannot be re-asserted against these products
A dismissal with prejudice operates as an adjudication on the merits under res judicata principles. CM Systems is permanently barred from re-asserting US9811788B2 and US11004020B2 against TransAct’s accused BOHA! products and Accudate/Ithaca hardware in any future action. This is a materially stronger protection for TransAct than a without-prejudice dismissal, which would leave the door open to refiling.
Res judicata effectCM Systems exits without a public win — but retains patent rights against others
While CM Systems gave up its right to pursue TransAct specifically, US9811788B2 and US11004020B2 remain in force as issued patents. The dismissal does not affect CM Systems’ ability to assert these patents against other parties in the market. The equal-costs term suggests CM Systems did not extract a publicly disclosed damages award or ongoing royalty from TransAct, though a confidential settlement cannot be ruled out.
Patents survive against third partiesTransAct’s BOHA! platform clears a major IP overhang — at least from this plaintiff
With the dismissal with prejudice, TransAct Technologies’ BOHA! ecosystem — including its food-service labeling, temperature monitoring, and workflow management products — is shielded from any future infringement claim by CM Systems on these two patents. For TransAct’s sales and partnership teams, this removes a litigation cloud that may have complicated customer or investor conversations during the 870-day pendency.
BOHA! IP overhang resolvedFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | CM Systems, LLC | Company | Food-service labeling technology licensor — holder of US9811788B2 and US11004020B2Search in Eureka ↗ |
| Defendant | TransAct Technologies, Inc. | Company | TransAct Technologies — maker of the BOHA! food-service terminal and workflow platformSearch in Eureka ↗ |
| Plaintiff counsel | Aaron Davis Rosenberg | Attorney | Counsel for CM Systems, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Andrew Crain | Attorney | Counsel for CM Systems, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Charles M Landrum III | Attorney | Counsel for CM Systems, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Michael Alexander King | Attorney | Counsel for CM Systems, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Paul Joseph Spina, IV | Attorney | Counsel for CM Systems, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Peter A. Nieves | Attorney | Counsel for CM Systems, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Robert Duncan Gravois | Attorney | Counsel for CM Systems, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Nieves IP Law Group, LLC | Law Firm | Representing CM Systems, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Sheehan, Phinney, Bass & Green PA | Law Firm | Representing CM Systems, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Shipman & Goodwin LLP | Law Firm | Representing CM Systems, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Thomas Horstemeyer LLP | Law Firm | Representing CM Systems, LLCSearch in Eureka ↗ |
| Defendant counsel | Elizabeth Ann Alquist | Attorney | Counsel for TransAct Technologies, Inc.Search in Eureka ↗ |
| Defendant counsel | Neal M. Cohen | Attorney | Counsel for TransAct Technologies, Inc.Search in Eureka ↗ |
| Defendant counsel | Woo Sin Sean Park | Attorney | Counsel for TransAct Technologies, Inc.Search in Eureka ↗ |
| Defendant law firm | Day Pitney LLP | Law Firm | Representing TransAct Technologies, Inc.Search in Eureka ↗ |
| Defendant law firm | Vista IP Law Group LLP | Law Firm | Representing TransAct Technologies, Inc.Search in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Connecticut District CourtSearch in Eureka ↗ |
Official order — verbatim text
The stipulated dismissal is precise in its legal effect: all claims and counterclaims are dismissed with prejudice under Rule 41(a)(1)(A)(ii), with costs allocated symmetrically. The with-prejudice designation is not merely procedural — it carries the same claim-preclusive force as a final judgment on the merits under res judicata doctrine. The absence of any fee-shifting or damages reference suggests the parties reached a commercial equilibrium, though whether that includes a confidential licensing arrangement is not determinable from the public filing alone.
US9811788B2 & US11004020B2 — food-service labeling and workflow management systems
US9811788B2 (Application No. 12/496,004) and US11004020B2 (Application No. 15/804,483) relate to food-service labeling and workflow management technology — the systems by which commercial kitchens track, label, and manage food preparation, temperature compliance, and inventory. The earlier application date of US9811788B2 establishes CM Systems as an early entrant in digitising food-safety labeling workflows, a domain that has grown substantially with the adoption of cloud-connected kitchen terminals.
These patents are strategically significant because they sit at the intersection of food-service compliance, IoT-connected terminals, and enterprise kitchen management — a market where TransAct’s BOHA! platform has become a prominent commercial player. Any competitor building cloud-connected food-prep, labeling, or temperature-monitoring products for commercial kitchens should treat both patents as live enforcement assets. CM Systems’ willingness to pursue litigation for nearly two and a half years signals a credible enforcement posture.
Should your product team run an FTO against US9811788B2 and US11004020B2?
If your organisation develops or sells food-service terminal hardware, kitchen labeling software, food-prep workflow applications, or temperature and inventory compliance tools for commercial kitchens, these two CM Systems patents warrant close FTO scrutiny. The dismissal of the TransAct case does not invalidate either patent — both remain in force. Any product that automates or digitises food-safety labeling, prep timing, or inventory tracking in a commercial kitchen environment should be assessed against the claim scope of both patents before launch or market expansion.
PatSnap Eureka’s FTO Search Agent can map the independent and dependent claims of US9811788B2 and US11004020B2 against your product architecture, identify relevant prior art that may support design-around or invalidity arguments, and surface any continuation or divisional applications in CM Systems’ broader portfolio. Running this analysis proactively — before a cease-and-desist letter or complaint — dramatically reduces litigation risk and informs product design decisions while options remain open.
Run a freedom-to-operate analysis on US9811788B2 to assess your product’s exposure
Run FTO in Eureka →Similar food-service technology patent cases in federal district courts
Cases involving food-service labeling, kitchen workflow, and commercial terminal patents in Connecticut and comparable federal district courts — benchmarked against CM Systems v. TransAct.
What this case signals for the food-service technology IP landscape
Two patents on labeling and workflow management, a major food-service terminal platform, and 870 days of litigation — this case illustrates the enforcement and settlement dynamics shaping food-service tech IP.
Broad product-line assertions invite long litigation and negotiated exits
CM Systems named over a dozen distinct BOHA! products across the full TransAct portfolio. Asserting patents against an entire product ecosystem typically extends litigation timelines and increases both parties’ exposure — but it can also create settlement leverage. The 870-day duration and mutual cost-bearing outcome is consistent with this dynamic.
With-prejudice exits give defendants durable peace — but only against named patents
TransAct secured a with-prejudice dismissal, which is the strongest available termination short of a full invalidity judgment. However, US9811788B2 and US11004020B2 remain valid and enforceable against other defendants. Competitors in the food-service labeling and terminal space should treat these patents as active enforcement risk.
CM v TransAct — key questions answered
The case was dismissed with prejudice on September 19, 2024, pursuant to a stipulated Rule 41(a)(1)(A)(ii) dismissal. All claims and counterclaims were extinguished, with each party bearing its own costs. No court merits ruling was issued.
CM Systems asserted two patents: US9811788B2 (Application No. 12/496,004) and US11004020B2 (Application No. 15/804,483). Both relate to food-service labeling and workflow management technology. Both patents remain in force notwithstanding the dismissal.
The accused products included the full BOHA! ecosystem: BOHA! Terminal, BOHA! Workstation, BOHA! Labeling, BOHA! Food Prep, BOHA! Food Recall, BOHA! Inventory, BOHA! Sense, BOHA! Temp, BOHA! Timer, BOHA! Checklist, BOHA! applications, BOHA! Terminal with CrunchTime, as well as legacy hardware Accudate 9700 and Ithaca 9000.
A with-prejudice dismissal bars CM Systems from reasserting US9811788B2 and US11004020B2 against TransAct’s accused products in any future action. It carries the same claim-preclusive effect as a final judgment on the merits under res judicata. CM Systems retains the right to assert these patents against other parties.
No. A stipulated dismissal with prejudice resolves only the claims between these specific parties — it is not an invalidity ruling. US9811788B2 and US11004020B2 remain issued, in-force patents. Third parties in the food-service terminal, labeling, or kitchen workflow market should conduct independent FTO analysis before commercialising products in this technology space.
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