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Gatekeeper Launches Message Management Campaign

July 23, 2023

Gatekeeper Solutions, Inc. has initiated its first litigation, suing Cisco (6:23-cv-00514), Meta Platforms (6:23-cv-00516), Microsoft (LinkedIn) (6:23-cv-00515), and Ziff Davis (ThreatTrack Security) (6:23-cv-00522) in the Western District of Texas. The plaintiff accuses the defendants of infringing a single patent generally related to a system for preventing an “electronic communication” intended for two or more recipients from being sent to a “conflicting recipient”. Targeted are the provision of features for managing “the sending of electronic communications” within the Cisco Armorblox Email Security service, the Facebook platform, the LinkedIn platform, and ThreatTrack’s VIPRE Safesend product.

The plaintiff was formed in New York on February 20, 2013, with Todd Cohen—one of the named inventors of the asserted patent (9,032,038)—identified as its CEO. On social media, Gatekeeper Solutions describes itself as offering the OopsMessage platform, a “software solution for controlling user or server based electronic communications to help avoid distribution of material to unintended recipients”. All websites identified by the page are defunct (i.e., the Gatekeeper Solutions and OopsMessage websites), with the plaintiff offering a contact email for “inquiries regarding licensing” of its “Patented Technology”.

Comprising a family of one, the '038 patent issued to Gatekeeper in May 2015 with an estimated priority date in September 2013. This new campaign appears to be the first time that the ‘038 patent has been litigated. Cohen is joined as a named inventor by Stephen G. Dick, Lawrence Garnier, and Barry Miller. Cohen describes himself on social media as an “experienced business development specialist with a demonstrated history of working in the software and startup sector”. He identifies himself as having served as CEO with Gatekeeper Solutions (since December 2012); founder with startup consultancy T&K Consultants (since November 2000); and Business Development Specialist with RxMedConnect (since October 2020)—a company that Cohen describes as having “developed a patent pending technical solution to a problem that exists during patient care”.

Gatekeeper targets certain data loss prevention policies for stopping “the malicious and unintended sharing of sensitive data over email” within Cisco’s Armorblox Email Security service; and safeguards within VIPRE SafeSend against “misaddressed emails or inadvertent auto complete email mistakes” that lead to mail delivered to unintended recipients. As to the social media defendants, the plaintiff’s early infringement allegations focus on the ability of employees to control the visibility parameters of “Open Candidates” on the LinkedIn platform and the ability to control the visibility parameters of social media posts and communications on the Facebook platform.

William P. Ramey, III of Ramey LLP filed the complaints on Gatekeeper’s behalf. Though not required, it filed a “Certificate of Interested Parties” in connection with the new cases, indicating that a “complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case” includes only Gatekeeper and Ramey LLP. The suits have been assigned to District Judge Kathleen Cardone. 7/20, Cisco, LinkedIn, Meta, Western District of Texas; 7/21, ThreatTracker, Western District of Texas.

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