Judge McMahon Pre-Case Download Pre-Case Download Online Dating App Does Not Bind Party to Party Arbitration Agreement | Patterson Belcop Web & Tyler LLP

On December 15, 2020, U.S. District Judge Colin McMahon (STNY) Denied Defendant Jedi Technologies, Inc. (“JD”) Plaintiff for Arbitration of Patent Violation Claim Perry Street Software, Inc. (“Berry Street”) Movement.

Perry Street online dating app builds mobile apps including Scruff and Jack. In May 2020, JD, the owner of U.S. Patent No. 10,164,918 (“918 Patent”), was accused of infringing on Perry Street’s scruff use ‘918 patent. In June 2020, Perry Street sued the JD, seeking a ruling declaring that Scruff’s application did not infringe ‘918’s patent, and then JD’s attorney amended his complaint to compel arbitration based on evidence that Scruff had downloaded the application and agreed to the terms associated with it. Service. The Jedi filed or stayed with an arbitrator for an initial injunction, and soon filed a resolution forcing Perry Street arbitrators.

Court on October 14, 2020 Given The JD’s movement for an initial restraining order, but set aside the decision on Perry Street’s movement to force mediation, justified the importance of “what the JD lawyer did and why he did it”. The JD’s counsel, in written submission and later in his form, confirmed that he had downloaded and used the Scruff application of his own free will, both on behalf of the Jedi and as part of his pre-Rule 11 Inquiry Obligations.

Based on this testimony, the court refused to compel Perry Street Arbitration. Judge McMahon explained that the arbitration was appropriate only if Perry Street and Jedi had reached a proper agreement to resolve their dispute. Without evidence that the Jedi knowingly agreed to the Terms of Service of the Scruff application, or “gave clear authority (real or explicit) [its counsel] Under those terms of service, the court ruled that the JD could not be compelled to mediate its dispute. He noted the fact that Jedi’s adviser had signed up for the application using his personal email address, on his personal phone, and using a picture of himself, supporting that he had not registered for the application with the intent to bind and authorize. JD for any arbitration agreement.

Case: Perry Street Software, Inc. V. JD Tex., Inc., 20-CV-4539 (STNY).