MG Freesites v. ScorpCast: Federal Circuit Appeal Voluntarily Dismissed
MG Freesites Ltd. (operating as Aylo Freesites) challenged the patentability of ScorpCast’s US9703463B2 — a patent covering systems and methods for user-generated video reviews — at the Court of Appeals for the Federal Circuit. The appeal was voluntarily dismissed after 478 days, leaving the public record silent on the underlying merits.
Federal Circuit patentability appeal dropped after 478 days
MG Freesites Ltd., also identified in proceedings as Aylo Freesites Ltd., filed this appeal at the United States Court of Appeals for the Federal Circuit on 21 September 2022. The case, docketed as No. 22-2233, challenged a patentability determination involving US9703463B2 — a patent held by ScorpCast LLC covering systems and methods for providing user-generated video reviews. ScorpCast was represented by Williams, Simons & Landis PLLC through attorney Todd Eric Landis.
The appeal concluded on 12 January 2024 via a stipulation of dismissal characterised in the record as a voluntary dismissal. The basis of termination does not specify whether the dismissal was entered with or without prejudice, a distinction that carries material consequences for both parties’ ability to relitigate the same questions. The case closed without a Federal Circuit ruling on the underlying patentability issues.
A 478-day lifespan at the Federal Circuit — without a merits decision — is consistent with parties reaching a private resolution before briefing concluded or oral argument was scheduled. The absence of any recorded cost ruling reinforces the inference of a negotiated exit. What drove the resolution, whether licensing, a settlement payment, or simply a strategic withdrawal, remains unknown from the public docket.
Filing to resolution in 478 days
478 days at the Federal Circuit before voluntary dismissal
What the voluntary dismissal means for MG Freesites and ScorpCast
Stipulated voluntary dismissal — both parties agreed to exit
A stipulation of dismissal requires both parties to sign off, meaning neither side could unilaterally end the appeal. This mutual agreement distinguishes it from a one-sided withdrawal and typically suggests that some form of resolution — whether commercial or strategic — was reached outside the court record. The Federal Circuit made no ruling on the merits of the patentability challenge.
Mutual consent requiredWith or without prejudice? The record does not say.
A dismissal with prejudice bars the appellant from re-raising the same patentability challenge. A dismissal without prejudice leaves that door open. The public docket records only ‘voluntary dismissal’ without specifying either qualifier. This ambiguity is legally significant: third parties seeking to assess whether MG Freesites can revive the invalidity challenge cannot determine this from the public record alone.
Prejudice status unresolvedUS9703463B2 survives the appeal — for now
Because the Federal Circuit issued no ruling, the patent’s validity was not adjudicated on appeal. US9703463B2 remains in force as granted. ScorpCast retains full enforcement rights. Any prior patentability determination at the PTAB or district court level that was being appealed also remains undisturbed by this dismissal.
Patent enforceableLikely private resolution behind a clean public exit
Voluntary stipulated dismissals at the Federal Circuit — particularly in invalidity appeals without a cost award — consistently suggest the parties resolved the dispute privately. Possible outcomes include a licensing agreement, a covenant not to sue, or a lump-sum settlement. The lack of any post-dismissal public filings reinforces this reading, though none of these conclusions can be confirmed from the docket.
Private resolution likelyFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | MG FREESITES, LTD. | Company | Digital media platform operator (Aylo/MindGeek group) — appellant challenging US9703463B2Search in Eureka ↗ |
| Defendant | ScorpCast, LLC | Company | ScorpCast LLC — patent assertion entity holding US9703463B2 on user-generated video review systemsSearch in Eureka ↗ |
| Defendant counsel | Todd Eric Landis | Attorney | Counsel for ScorpCast, LLCSearch in Eureka ↗ |
| Presiding judge | Judge / | Chief Judge | Court of Appeals for the Federal Circuit — Chief JudgeSearch in Eureka ↗ |
Stipulation of dismissal — official text
The dismissal by stipulation reflects a negotiated exit rather than a judicial determination. Neither party obtained a binding ruling on patentability, meaning the Federal Circuit’s docket on US9703463B2 ends without precedential value. For ScorpCast, this preserves full enforcement rights. For MG Freesites, the unresolved prejudice question leaves the strategic landscape ambiguous. The phrase ‘voluntary dismissal’ in the termination basis, without a prejudice qualifier, is a standard formulation that courts accept but that provides limited guidance to subsequent parties.
US9703463B2 — System and Methods for User-Generated Video Reviews
US9703463B2, held by ScorpCast LLC, claims a system and methods for providing user-generated video reviews. The patent — filed under application number US14/567997 — addresses the technical architecture by which platforms collect, process, and deliver video content submitted by end users as reviews or ratings. This places it squarely within the consumer-facing video content layer of web platforms, covering both the back-end system components and the method steps governing how such reviews are surfaced to other users.
In an era where user-generated video content is core to e-commerce, adult content platforms, and consumer product discovery, the claim scope of US9703463B2 touches infrastructure decisions made by a wide range of platform operators. ScorpCast’s willingness to pursue an appeal to the Federal Circuit before accepting a stipulated exit suggests confidence in the patent’s enforceability. Competitors and adjacent platform operators should treat this patent as an active enforcement signal rather than a legacy filing.
Should your platform run an FTO against US9703463B2?
Any product team building or acquiring a feature that allows users to submit video-format reviews — whether on an e-commerce site, a content platform, or a SaaS product with embedded review functionality — should assess exposure to US9703463B2. The patent covers both system architecture and method claims, meaning product design decisions and backend infrastructure choices may independently trigger infringement analysis. This is not a niche filing; the claim language is broad enough to affect mainstream platform architectures.
PatSnap Eureka’s FTO Search Agent can map the claim language of US9703463B2 against your product’s technical specification, flagging overlap risk at the claim level rather than title level. Given that ScorpCast has demonstrated willingness to assert this patent through appellate proceedings, setting up a claim monitoring alert on US9703463B2 is a low-cost way to track any continuation filings, reissue activity, or new assertions that expand the enforcement perimeter.
Run a freedom-to-operate analysis on US9703463B2 to assess your product’s exposure
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What this case signals for the user-generated video IP landscape
A voluntarily dismissed Federal Circuit challenge to a video review patent raises pointed questions for platforms and content tech companies.
Platforms challenging UGV patents face a high bar at the Federal Circuit
Appealing a patentability ruling to the Federal Circuit is resource-intensive. When a well-resourced digital media operator like MG Freesites voluntarily exits without a ruling, it typically signals either a negotiated resolution or a reassessment of appeal merits. Other platforms facing similar assertions should factor in the cost-benefit calculus of Federal Circuit invalidity appeals.
US9703463B2 remains an active enforcement risk for video platform operators
The patent survived this appeal intact. Any company operating a platform where users submit video reviews — product reviews, service ratings, or interactive video feedback systems — should treat US9703463B2 as a live FTO consideration. The claim scope covers both the system architecture and the method of delivering user-generated video content.
MG v ScorpCast — key questions answered
MG Freesites Ltd. (Aylo Freesites) appealed a patentability ruling involving US9703463B2 to the Federal Circuit. The appeal was filed on 21 September 2022 and voluntarily dismissed by stipulation on 12 January 2024, 478 days later, without a ruling on the merits.
Yes. Because the Federal Circuit issued no ruling on patentability before the appeal was dismissed, US9703463B2 remains in force as granted. ScorpCast retains full enforcement rights. The dismissal did not adjudicate or alter the patent’s legal status.
The case was terminated by a stipulation of dismissal, meaning both parties agreed to end the appeal. The public record does not specify whether the dismissal was with or without prejudice. A with-prejudice dismissal would bar MG Freesites from re-raising the same challenge; a without-prejudice dismissal would not. The distinction is unresolved from the docket alone.
ScorpCast LLC is the assignee of US9703463B2, a patent covering systems and methods for providing user-generated video reviews. ScorpCast was represented in this Federal Circuit appeal by Williams, Simons & Landis PLLC through attorney Todd Eric Landis. ScorpCast’s broader assertion activity is not determinable from this case record alone.
US9703463B2 covers a system and methods for providing user-generated video reviews. Platforms where users can submit video-format reviews or ratings — across e-commerce, content, or media sectors — may fall within the patent’s claim scope. Any operator building or running such features should consider a freedom-to-operate analysis against this patent’s claims.
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