Linfo IP v. Fast Growing Trees: Dismissed With Prejudice in 115 Days
Linfo IP, LLC, a patent assertion entity, sued Fast Growing Trees, LLC over US9092428B1 — a patent covering systems and methods for discovering and presenting information in text content on websites. The parties jointly stipulated to dismissal under Rule 41(a)(1)(A)(ii) after just 115 days, with plaintiff’s claims dismissed with prejudice and defendant’s counterclaims dismissed without prejudice.
Early stipulated dismissal signals likely pre-litigation settlement
Linfo IP, LLC filed this patent infringement action against Fast Growing Trees, LLC (d/b/a FastGrowingTrees.com) in the South Carolina District Court on 16 September 2024, asserting US9092428B1 — a patent directed at systems, methods, and user interfaces for discovering and presenting information embedded in text content on websites. Fast Growing Trees, a prominent e-commerce retailer of nursery stock, was the named defendant, represented by Fish and Richardson PC, one of the leading IP litigation firms in the country.
The case closed on 9 January 2025 via a joint stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Critically, the parties agreed to asymmetric dismissal terms: Linfo IP’s claims were dismissed with prejudice — meaning it cannot reassert the same patent claims against Fast Growing Trees on the same grounds — while Fast Growing Trees’ counterclaims were dismissed without prejudice, preserving the defendant’s ability to pursue those claims in a future proceeding if circumstances warrant.
At 115 days from filing to closure, the resolution is notably swift and is consistent with a negotiated outcome reached before substantial litigation costs accumulated. The mutual cost-bearing arrangement, with no fee-shifting, further suggests a settlement or licensing agreement reached off the public record. The engagement of Fish and Richardson — a firm that routinely pursues aggressive patent invalidity challenges — may have accelerated Linfo IP’s willingness to resolve. The precise financial terms, if any, remain undisclosed.
Filing to Dismissed with Prejudice in 115 days
115 days — resolved well under the median district court patent case duration of ~2.5 years
Asymmetric dismissal: what Rule 41 stipulation means for both parties
Rule 41(a)(1)(A)(ii) joint stipulation — what it means
A joint stipulation of dismissal under Rule 41(a)(1)(A)(ii) requires agreement from all parties who have appeared. It takes effect upon filing, without court order. Here, the parties negotiated asymmetric terms: Linfo IP’s claims are dismissed with prejudice (a final bar on refiling), while Fast Growing Trees’ counterclaims are dismissed without prejudice — a deliberate and legally significant distinction reflecting each side’s negotiating position.
Procedural dismissalWith-prejudice dismissal forecloses Linfo IP’s reassertion rights
Linfo IP’s agreement to dismiss its own claims with prejudice is a material concession. It cannot refile the same infringement claims against Fast Growing Trees based on US9092428B1 for the same accused conduct. This is typically the price a plaintiff pays to secure a resolution — often a licensing payment or covenant — while the defendant demands finality. The public record does not confirm any financial terms.
Plaintiff barred from refilingCounterclaims survive: Fast Growing Trees preserves future options
Fast Growing Trees’ counterclaims — which likely included patent invalidity challenges — were dismissed without prejudice. This preserves the defendant’s ability to revive those claims, including seeking USPTO inter partes review or raising invalidity in future litigation if Linfo IP reasserts the patent against other parties. The without-prejudice carve-out is a standard defensive protection when settling patent disputes early.
Counterclaims preservedUS9092428B1 remains live — other website operators remain exposed
The with-prejudice dismissal binds only Fast Growing Trees. Linfo IP retains full rights to assert US9092428B1 against other e-commerce and content-driven website operators whose products practice the claimed information discovery and presentation methods. Companies operating text-rich web interfaces or content recommendation features in their UX stack should treat this patent as an active enforcement risk until it is invalidated or expires.
Patent remains enforceableFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Linfo IP, LLC | Company | Patent assertion entity — holder of US9092428B1 covering website information discovery UXSearch in Eureka ↗ |
| Defendant | Fast Growing Trees, LLC | Company | Fast Growing Trees, LLC — e-commerce nursery retailer operating FastGrowingTrees.comSearch in Eureka ↗ |
| Plaintiff counsel | Roy T Willey , IV | Attorney | Counsel for Linfo IP, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Anastopoulo Law Firm (Cha) | Law Firm | Representing Linfo IP, LLCSearch in Eureka ↗ |
| Defendant counsel | Alexander Hale Martin | Attorney | Counsel for Fast Growing Trees, LLCSearch in Eureka ↗ |
| Defendant counsel | Daniel C. Leonardi | Attorney | Counsel for Fast Growing Trees, LLCSearch in Eureka ↗ |
| Defendant counsel | Neil Joseph McNabnay | Attorney | Counsel for Fast Growing Trees, LLCSearch in Eureka ↗ |
| Defendant counsel | Ricardo J Bonilla | Attorney | Counsel for Fast Growing Trees, LLCSearch in Eureka ↗ |
| Defendant law firm | Fish and Richardson PC (TX) | Law Firm | Representing Fast Growing Trees, LLCSearch in Eureka ↗ |
| Defendant law firm | Polales Horton & Leonardi, LLP | Law Firm | Representing Fast Growing Trees, LLCSearch in Eureka ↗ |
| Presiding judge | Judge Joseph F Anderson, Jr | Judge | South Carolina District CourtSearch in Eureka ↗ |
Official order — verbatim text
The joint stipulation explicitly differentiates the prejudice terms for each party’s claims — an unusual and deliberate drafting choice. Linfo IP’s with-prejudice concession on its own claims provides Fast Growing Trees with a final judgment-equivalent bar against reassertion of the same patent on the same conduct. The without-prejudice preservation of counterclaims keeps Fast Growing Trees’ invalidity arguments alive, which may be relevant if Linfo IP pursues enforcement against related parties or technologies. No costs or fees were shifted, suggesting neither party achieved a clean win on the merits.
US9092428B1 — Website Information Discovery & Presentation System
US9092428B1 (application no. US13/709827) protects a system, methods, and user interface for discovering and presenting information within text content — a broad technical claim set covering how digital interfaces surface and display contextually relevant information to users interacting with text on a website or application. The patent’s grant on an application number suggests it issued through a standard prosecution track. Its technical scope is consistent with content discovery, smart linking, and contextual information overlay features prevalent in modern web and e-commerce UX stacks.
From a strategic perspective, this patent presents enforcement risk for any operator of a text-rich web interface — particularly e-commerce platforms, content publishers, and SaaS providers whose products surface product information, definitions, or related content in response to user interaction with text. The fact that Linfo IP selected an e-commerce nursery retailer as its first publicly identified target suggests it may be pursuing a broader enforcement campaign across the retail web sector. The patent’s continued enforceability, unimpaired by this dismissal, means competitors and adjacent operators face a credible and unresolved threat.
Should your product team run an FTO against US9092428B1?
Any R&D or product team building or operating features that discover, surface, or present information from text content — including contextual tooltips, smart content linking, in-page product discovery panels, or AI-assisted content recommendation — should assess their exposure to US9092428B1. The patent’s broad title and the plaintiff’s willingness to assert it against a well-funded e-commerce operator with specialist IP counsel suggest Linfo IP considers the claims commercially viable. The risk is not theoretical.
PatSnap Eureka’s FTO Search Agent allows you to map your product’s specific feature set against the claim language of US9092428B1, identify prior art that may support a validity challenge, and monitor Linfo IP’s litigation and prosecution activity in real time. For in-house teams receiving demand letters or building content discovery features, Eureka provides the claim-level analysis needed to assess settlement leverage and IPR petition viability before committing to a litigation posture.
Run a freedom-to-operate analysis on US9092428B1 to assess your product’s exposure
Run FTO in Eureka →Similar patent infringement cases: website UX and content discovery
Cases involving PAE enforcement of web UX and content discovery patents in US federal district courts, including comparable Rule 41 stipulated dismissals.
What this case signals for the web UX and e-commerce IP landscape
This swift dismissal is consistent with PAE enforcement patterns targeting e-commerce operators — and the patent remains a live threat to others.
Fish and Richardson’s involvement likely accelerated settlement
Retaining Fish and Richardson — a firm known for aggressive invalidity campaigns and IPR petitions — signals Fast Growing Trees was prepared to contest the patent on the merits. That credible threat often prompts PAEs to settle quickly rather than risk an invalidity finding that would destroy the patent’s value against all future targets.
Asymmetric dismissal terms are a structural red flag for other defendants
When a plaintiff agrees to with-prejudice dismissal of its own claims but insists on without-prejudice for the defendant’s counterclaims, it typically reflects a structured resolution. Other companies receiving demand letters from Linfo IP should factor in that this defendant secured a full release — and consider whether early engagement or IPR filing is preferable to litigation.
Linfo v Fast — key questions answered
Linfo IP, LLC filed a patent infringement action against Fast Growing Trees, LLC in the South Carolina District Court on 16 September 2024, asserting US9092428B1. The case was dismissed on 9 January 2025 by joint stipulation under Rule 41(a)(1)(A)(ii). Linfo IP’s claims were dismissed with prejudice; Fast Growing Trees’ counterclaims were dismissed without prejudice. Each party bore its own costs.
A with-prejudice dismissal of Linfo IP’s claims means Linfo IP is permanently barred from refiling the same patent infringement claims against Fast Growing Trees based on US9092428B1 for the same accused conduct. It functions as a final adjudication on the merits for res judicata purposes, even though no court ruling on the substantive patent issues was issued.
Fast Growing Trees’ counterclaims — likely including invalidity challenges to US9092428B1 — were dismissed without prejudice, meaning they can be refiled. This preserves the defendant’s ability to pursue patent invalidity before the USPTO via inter partes review or in future litigation if Linfo IP asserts the patent against the same or related accused products.
Yes. The dismissal with prejudice binds only Linfo IP and Fast Growing Trees with respect to the specific claims and conduct at issue. Linfo IP retains full rights to assert US9092428B1 against other parties. No invalidity finding was made, and the patent’s claims remain intact. Other website and e-commerce operators with similar content discovery features should treat the patent as an active enforcement risk.
Fast Growing Trees retained Fish and Richardson PC (Texas), one of the leading patent litigation firms in the US, alongside Polales Horton & Leonardi, LLP. Fish and Richardson is well known for mounting aggressive invalidity defenses and filing inter partes review petitions. Their early involvement in a 115-day case is consistent with a strategy of signalling strong litigation readiness, which likely contributed to an early resolution of the dispute.
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