Shure, Inc. today announced that it has filed a lawsuit against ClearOne in the U.S. Court for the District of Delaware. The lawsuit alleges ClearOne’s BMA CT product, launched in February of 2019, infringes Shure’s U.S. Patent No. 9,565,493 (“‘493 Patent”). The ‘493 patent, which protects the architecture of Shure’s ceiling array microphone offering powerful acoustic benefits with flexible mounting options and minimal aesthetic drawbacks, underlies Shure’s market-leading MXA910 product line.
Furthermore, Shure alleges that ClearOne engaged in unfair com petition, tortious interference, deceptive trade practices and false advertising by intentionally making false, deceptive and/or misleading remarks in the marketplace about the status and availability of Shure’s MXA910 in order to deter customers from purchasing these products. Specifically, Shure alleges that ClearOne is leveraging ongoing litigation between the two companies to intentionally and falsely claim that Shure’s MXA910 products are unavailable to customers, that Shure is unable to sell these products, that integrators, installers and/or end users will need to tear or rip out existing installations of the MXA910, and other similar false representations.
Shure is seeking monetary damages and injunctive relief to prevent the continuing infringement of Shure’s intellectual property and to stop ClearOne’s unlawful violations of the Delaware Deceptive Trade Practices Act, the Lanham Act and its Tortious Interference with Business Relations.
You may recall that earlier this year, ClearOne, launched a third trade secret misappropriation and willful patent infringement lawsuit (for Patent No. 9,264,553 (“’553 Patent”) against Shure — that story is here.
Today’s filing by Shure amps-up this case to a new level and now it’s more likely to end in court rather than a general settlement between the two companies.
ClearOne sent us the following statement today, July 22:
“ClearOne denies Shure’s allegations of patent infringement and false advertising. Shure’s claims are frivolous and appear to be manufactured to retaliate against ClearOne’s meritorious patent infringement and trade secret claims against Shure currently pending in federal court in the Northern District of Illinois.
Shure’s claim that ClearOne’s BMA-CT product infringes its ‘493 patent is without merit. The asserted claims of Shure’s ‘493 patent are invalid in light of ClearOne’s own earlier Patent No. 9,813,806. Indeed, even before Shure filed its desperate lawsuit, ClearOne had challenged the validity of Shure’s ‘493 patent in the U.S. PTO, and asserted claims against Shure for infringement of ClearOne’s ‘806 patent.
ClearOne is confident that it will prevail and that Shure’s desperate ploy to manufacture frivolous claims will be rejected.”