Ultratech International v. Absorbent Specialty Products: Flood Stopper Patent Dismissed Without Prejudice
Ultratech International asserted US9297134B1 — protecting its Ultra-Flood Stopper technology — against Absorbent Specialty Products in Florida’s Middle District. After 196 days and before any answer was filed, Ultratech voluntarily dismissed the case without prejudice, preserving the right to refile.
Ultratech’s Flood Stopper Patent Action Ends Before Defendant Responds
On May 20, 2024, Ultratech International, Inc. filed a patent infringement complaint in the U.S. District Court for the Middle District of Florida against Absorbent Specialty Products, LLC. The action centred on US9297134B1, a patent covering Ultratech’s Ultra-Flood Stopper — a flood containment barrier product. Ultratech alleged that Absorbent Specialty Products infringed this patent through competing products in the spill and flood containment market.
On November 27, 2024, Ultratech filed a Notice of Voluntary Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), requesting dismissal without prejudice. The court confirmed that Absorbent Specialty Products had neither served an answer nor a motion for summary judgment, satisfying the procedural threshold for unilateral dismissal. The court formally ordered the case dismissed without prejudice on December 2, 2024.
The case resolved in 196 days without any substantive ruling on the merits, claim construction, or infringement. The without-prejudice nature of the dismissal means Ultratech retains the option to reassert the same claims in a future action. The public record does not disclose whether a settlement, licensing agreement, or strategic reassessment drove the voluntary withdrawal — factors that patent professionals and competitors in the flood containment space should monitor closely.
Filing to Voluntary dismissal in 196 days
196 days — resolved before defendant filed an answer or any substantive motion
Voluntarily dismissed without prejudice: what the ruling means for both parties
Rule 41(a)(1)(A)(i) allows unilateral exit before defendant responds
Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an action without a court order by filing a notice before the defendant has served an answer or a motion for summary judgment. Because Absorbent Specialty Products had done neither, Ultratech’s notice was self-executing — the court’s order was a formal confirmation, not a judicial decision on the merits.
No merits adjudicationWithout prejudice preserves Ultratech’s right to refile — but the record is silent on why
A dismissal without prejudice leaves the underlying patent claims unresolved and allows the plaintiff to refile the same action. A dismissal with prejudice would extinguish those claims permanently. Here, the court explicitly ordered dismissal without prejudice at Ultratech’s request. The public record does not disclose whether this reflects a settlement, a licensing resolution, or a tactical decision to reformulate the claim — a critical distinction for competitors monitoring the Ultra-Flood Stopper patent.
Refile right preservedAbsorbent Specialty Products avoids a merits ruling — but faces ongoing exposure
Absorbent Specialty Products secured an exit from this litigation without admitting infringement or obtaining a declaratory judgment of invalidity. However, because the dismissal is without prejudice, the company remains exposed to a future assertion of US9297134B1. Without a covenant not to sue or a licence, its freedom to operate in the flood containment space is not definitively established by this outcome.
No invalidity findingPatent US9297134B1 remains fully enforceable in the flood containment market
The dismissal without prejudice does not weaken, narrow, or invalidate US9297134B1. Ultratech retains all enforcement rights. Competitors and OEM suppliers in the portable flood barrier and spill containment sector should treat this patent as an active risk. The case’s early termination suggests the dispute may resurface — either through refiling against this or other defendants, or through licensing pressure.
Patent fully activeFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Ultratech International, Inc. | Company | Flood containment product manufacturer — holder of US9297134B1 covering the Ultra-Flood StopperSearch in Eureka ↗ |
| Defendant | Absorbent Specialty Products, LLC | Company | Absorbent Specialty Products, LLC — manufacturer of absorbent and spill containment productsSearch in Eureka ↗ |
| Plaintiff counsel | Harold S. Lippes | Attorney | Counsel for Ultratech International, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Lippes & Bryan PA | Law Firm | Representing Ultratech International, Inc.Search in Eureka ↗ |
| Defendant counsel | Michael E. Lockamy | Attorney | Counsel for Absorbent Specialty Products, LLCSearch in Eureka ↗ |
| Defendant law firm | Bedell, Dittmar, DeVault, Pillans & Coxe PA | Law Firm | Representing Absorbent Specialty Products, LLCSearch in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Florida Middle District CourtSearch in Eureka ↗ |
Official order — verbatim text
The court’s order confirms a textbook Rule 41(a)(1)(A)(i) dismissal: because the defendant had neither answered nor moved for summary judgment, the plaintiff’s notice was self-executing and the court’s role was confirmatory only. The explicit ‘without prejudice’ designation is the operative phrase — it preserves Ultratech’s ability to refile and signals that US9297134B1 has not been adjudicated on validity or infringement. For Absorbent Specialty Products, the absence of a merits ruling provides no legal shield against future assertion of the same patent.
US9297134B1 — Portable flood containment barrier technology
US9297134B1, filed under application number US13/730662, protects the technology underlying Ultratech’s Ultra-Flood Stopper — a portable flood containment barrier system. The patent covers structural and functional elements of deployable flood barrier products designed to prevent water intrusion and contain spills in industrial and commercial environments. It is a granted U.S. patent with full enforceability as of the date of this litigation.
In the spill containment and flood protection market, product-specific patents like US9297134B1 can create significant barriers for competing manufacturers. Ultratech’s decision to assert this patent against a direct competitor in the absorbent and containment products space signals active enforcement intent. Any manufacturer developing analogous portable flood or spill barrier products should evaluate claim scope carefully — the patent’s survival through this litigation unchanged elevates its commercial risk profile.
Should you run an FTO against US9297134B1 before entering the flood barrier market?
If your R&D or product team is developing portable flood containment barriers, deployable water diversion products, or spill control systems that function similarly to the Ultra-Flood Stopper, US9297134B1 represents a patent that demands scrutiny. Ultratech has demonstrated willingness to enforce this patent in federal court, and the without-prejudice dismissal means enforcement risk has not been eliminated for any market participant — including those not yet named as defendants.
PatSnap Eureka’s FTO Search Agent can map the claim scope of US9297134B1 against your product specifications, identify relevant prior art that could support a validity challenge, and flag related Ultratech portfolio patents that may pose additional risk. Running a structured FTO before product launch or market entry is the most cost-effective way to assess exposure and design around existing claims in this technology space.
Run a freedom-to-operate analysis on US9297134B1 to assess your product’s exposure
Run FTO in Eureka →Similar patent infringement cases in flood containment and spill control technology
Explore comparable patent infringement actions involving flood containment and spill barrier technology in U.S. district courts, including cases dismissed under Rule 41 before answer.
What this case signals for the flood containment IP landscape
An early voluntary dismissal without prejudice rarely signals surrender — it often marks a pivot in enforcement strategy or a confidential resolution.
Rule 41 exits before answer are a common enforcement tactic, not concession
Plaintiffs frequently dismiss without prejudice at this stage after extracting a licensing agreement or assessing that a different defendant or venue would be more favourable. The absence of a merits ruling means US9297134B1 is neither validated nor weakened — it remains a live enforcement asset in Ultratech’s portfolio.
Competitors in spill containment must treat this patent as an active risk
The Ultra-Flood Stopper patent survived this litigation intact. Any company developing or commercialising portable flood barrier or spill containment products that could overlap with the claims of US9297134B1 should conduct an updated FTO analysis before scaling production or entering new markets.
Ultratech v Absorbent — key questions answered
Ultratech International filed a patent infringement action against Absorbent Specialty Products in the Middle District of Florida on May 20, 2024, asserting US9297134B1 covering the Ultra-Flood Stopper. On November 27, 2024, Ultratech voluntarily dismissed the case without prejudice under Rule 41(a)(1)(A)(i), before the defendant had answered. The court formally closed the case on December 2, 2024.
A dismissal without prejudice leaves the patent fully enforceable and the underlying infringement claims unresolved. Ultratech retains the right to refile the same claims against Absorbent Specialty Products or any other defendant. The patent’s validity and claim scope were not adjudicated, meaning US9297134B1 remains an active enforcement risk for competitors in the flood containment market.
The public record does not disclose the reason for dismissal. Common drivers for a Rule 41(a)(1)(A)(i) dismissal at this early stage include a confidential settlement or licensing agreement, a strategic decision to refile in a different venue, or a reassessment of claim mapping against the defendant’s specific products. The without-prejudice designation suggests the dispute may not be permanently resolved.
US9297134B1, filed under application US13/730662, is a U.S. patent held by Ultratech International covering the Ultra-Flood Stopper product. It protects portable flood containment barrier technology used to prevent water intrusion and contain spills in industrial and commercial settings. The patent is a granted U.S. utility patent and remains in force.
Not definitively. The dismissal without prejudice does not constitute a finding of non-infringement or invalidity. Absorbent Specialty Products received no covenant not to sue and no declaratory judgment in its favour. Without a confirmed licence or settlement that includes a release, the company’s freedom to operate in the portable flood barrier space remains legally uncertain under US9297134B1.
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