MG Freesites v. ScorpCast: Federal Circuit Invalidates Video Review Patent Claims
MG Freesites Ltd. (operating as Aylo Freesites) successfully challenged ScorpCast LLC’s patent portfolio covering user-generated video review systems at the Court of Appeals for the Federal Circuit. The appeal, resolved after 483 days, resulted in 10 claims of US9899063 being found unpatentable — a significant blow to ScorpCast’s IP enforcement position.
Federal Circuit strips ScorpCast’s video review patent claims on appeal
Case No. 22-2221 was an appeal filed on 16 September 2022 before the Court of Appeals for the Federal Circuit in the District of Columbia circuit. The appellant, MG Freesites Ltd. — operating under the Aylo Freesites brand — challenged the patentability of claims held by ScorpCast LLC across two patents: US9703463 (application no. US14/567997) and US9899063 (application no. US15/498103), both directed at systems and methods for providing user-generated video reviews.
The Federal Circuit ordered that claims 1, 9, 10, 11, 18, 19, 20, 22, 26, and 27 of the ‘063 patent (US9899063) had been shown to be unpatentable. The case was subsequently terminated on the basis of voluntary dismissal. The public record does not specify whether dismissal was with or without prejudice, meaning the precise finality of any remaining claims or collateral issues cannot be confirmed from available data alone.
The 483-day duration is consistent with a contested Federal Circuit appeal involving substantive patentability arguments rather than a procedural resolution. The voluntary dismissal following the invalidity order suggests the parties may have reached an accommodation once the core patent claims were disposed of, though the terms of any such arrangement remain outside the public record. Whether US9703463 faced a parallel challenge in this proceeding is not confirmed by the available verdict language, which references only the ‘063 patent.
Filing to resolution in 483 days
483 days — Federal Circuit appeal duration for patent invalidity proceeding
Voluntarily dismissed following Federal Circuit invalidity ruling on ‘063 patent
10 claims of US9899063 declared unpatentable
The Federal Circuit ordered that claims 1, 9, 10, 11, 18, 19, 20, 22, 26, and 27 of ScorpCast’s US9899063 patent had been shown to be unpatentable. This covers a substantial portion of the patent’s claim set and significantly weakens its enforceability against any party — not just MG Freesites. Invalidated claims at the Federal Circuit level apply universally, not merely to the parties in suit.
Patentability — invalidity confirmedVoluntary dismissal: prejudice status unclear from public record
The case terminated via voluntary dismissal following the invalidity order. Voluntary dismissal can occur with or without prejudice — a critical distinction. Dismissal with prejudice bars refiling; without prejudice preserves that right. The available public record is silent on which form applied here. Parties and practitioners should not assume finality on any remaining claims or proceedings without consulting the full docket.
Voluntarily dismissed — prejudice unconfirmedUS9703463 outcome not confirmed by available verdict text
Two patents were listed as involved — US9703463 and US9899063. However, the Federal Circuit’s order as recorded references only the ‘063 patent (US9899063) by name. Whether US9703463 was separately adjudicated, withdrawn, or resolved on different terms in this appeal is not confirmed by the available case data. Practitioners should review the full docket for the disposition of the ‘463 patent.
US9703463 — disposition unclearScorpCast’s video review patent portfolio materially weakened
With 10 claims of US9899063 found unpatentable, ScorpCast’s ability to assert this patent against platform operators or technology vendors in the user-generated video review space is substantially curtailed. Any entity that previously received a demand letter or licensing approach based on these claims has materially stronger grounds to resist enforcement. Remaining claim scope, if any, warrants independent FTO analysis.
Reduced enforcement risk post-rulingFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | MG FREESITES, LTD. | Company | Digital content platform operator (Aylo Freesites) — appellant challenging US9899063 and US9703463Search in Eureka ↗ |
| Defendant | ScorpCast, LLC | Company | ScorpCast LLC — patent assertion entity holding user-generated video review system patentsSearch in Eureka ↗ |
| Defendant counsel | Fred Williams | Attorney | Counsel for ScorpCast, LLCSearch in Eureka ↗ |
| Defendant counsel | John Wittenzellner | Attorney | Counsel for ScorpCast, LLCSearch 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 Federal Circuit’s order is precise in scope: only claims 1, 9, 10, 11, 18, 19, 20, 22, 26, and 27 of US9899063 are declared unpatentable. This phrasing — ‘have been shown to be unpatentable’ — reflects the standard applied in post-grant proceedings and is conclusive as to those specific claims. ScorpCast cannot re-assert these claims in future litigation. MG Freesites secured a durable, universally applicable win on the enumerated claims, though any claims of US9899063 not listed, and the entirety of US9703463, fall outside the explicit scope of this order.
US9703463 & US9899063 — User-Generated Video Review Systems
US9899063 (application US15/498103) and US9703463 (application US14/567997) are both directed at systems and methods for providing user-generated video reviews — a technology domain covering platforms that enable end users to record, submit, and share video-format product or content reviews. These patents sit at the intersection of video streaming infrastructure, user interface design, and content moderation workflows. The continuation relationship suggested by the sequential application numbers implies a shared specification, meaning claim differentiation between the two patents is a key FTO consideration.
The strategic significance of these patents lies in their breadth across the UGC video economy. Any platform that hosts video reviews — whether in e-commerce, adult content, media, or SaaS — could fall within claimed scope depending on claim construction. ScorpCast’s decision to assert against MG Freesites (a major digital platform operator) suggests an enforcement posture targeting high-revenue, high-traffic operators. With 10 claims of US9899063 now invalidated at the Federal Circuit level, the remaining enforceability of the portfolio depends heavily on the status of US9703463 and any surviving claims of the ‘063 patent.
Should you run an FTO against US9703463 and US9899063?
Any company operating a platform that facilitates user-generated video reviews — whether in consumer e-commerce, media, adult content, SaaS, or social commerce — should treat this case as a trigger for FTO review. While 10 claims of US9899063 are now unpatentable, the disposition of US9703463 is not confirmed by available public records. If your product stack includes video capture, submission, or display workflows tied to review content, residual claim exposure cannot be ruled out without a structured claim-by-claim analysis.
PatSnap Eureka’s FTO Search Agent enables R&D and IP teams to map active patent claims against specific product features in the user-generated video review space. You can run claim-level comparisons against both US9703463 and US9899063, identify which claims survived the Federal Circuit proceeding, and monitor for continuation or divisional filings that may extend ScorpCast’s claim coverage. Setting up a claim monitoring alert on this family is particularly advisable given the unresolved status of the ‘463 patent.
Run a freedom-to-operate analysis on US9703463 to assess your product’s exposure
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What this case signals for the user-generated video IP landscape
A Federal Circuit invalidity ruling on user-generated video review patents has sector-wide implications for platform operators and content technology vendors.
Federal Circuit invalidity rulings bind all parties — not just the litigants
When the Federal Circuit finds patent claims unpatentable, that determination applies universally. Any company that operates user-generated video review systems and previously faced exposure under ScorpCast’s US9899063 claims 1, 9–11, 18–20, 22, 26, and 27 can now rely on this ruling as prior art for invalidity arguments in any subsequent proceeding.
Voluntary dismissal after an invalidity win typically signals negotiated resolution
When a case is voluntarily dismissed after a substantive win for the petitioner, it often suggests the parties addressed remaining issues — such as licensing, fee arrangements, or the second patent — outside the public record. The structure here is consistent with MG Freesites having achieved its primary objective through the invalidity order before agreeing to close the proceeding.
MG v ScorpCast — key questions answered
The Federal Circuit ordered that claims 1, 9, 10, 11, 18, 19, 20, 22, 26, and 27 of ScorpCast’s US9899063 patent had been shown to be unpatentable. The case was subsequently terminated by voluntary dismissal. The ruling applies universally to the invalidated claims, not only to the parties in suit.
Two patents were listed: US9703463 (application US14/567997) and US9899063 (application US15/498103). Both cover systems and methods for providing user-generated video reviews. The Federal Circuit’s published order explicitly addresses only US9899063; the disposition of US9703463 in this proceeding is not confirmed by available case records.
The basis of termination is recorded as voluntary dismissal. The public record available does not specify whether dismissal was with or without prejudice. Practitioners should consult the full Federal Circuit docket (Case No. 22-2221) to confirm the precise terms of the dismissal order before drawing conclusions about finality.
ScorpCast LLC was represented by Williams, Simons & Landis PLLC. Named attorneys of record include Fred Williams, John Wittenzellner, and Todd Eric Landis. No plaintiff law firm or attorney information is recorded in the available case data for MG Freesites / Aylo Freesites.
Because the Federal Circuit’s invalidity determination is not party-specific, any company previously exposed to enforcement risk under claims 1, 9, 10, 11, 18, 19, 20, 22, 26, and 27 of US9899063 now has a strong basis to resist future assertion of those claims. However, US9703463 and any surviving claims of US9899063 not addressed in the order may remain enforceable, making an independent FTO review advisable for platform operators in the UGC video space.
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