This case was last updated from U.S. District Courts on 11/23/2021 at 07:44:22 (UTC).

Koss v. Skullcandy

Case Summary

On September 24, 2021, Koss Corporation (“Koss” or “Plaintiff”), represented by Samuel C. Straight of Ray Quinney & Nebeker PC, filed an intellectual property lawsuit against Skullcandy, Inc. (“Skullcandy” or “Defendant”), seeking declaratory reliefs and damages along with prejudgment and post-judgement interest among other reliefs for the alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in the United States District Court in the District of Utah with Judge Daphne A. Oberg presiding.

The Plaintiff filed this complaint for the alleged infringement of the United States Patent No. 9,729,959 (“the ’959 Patent”), 9,986,325 (“the ’325 Patent”), and 10,757,498 (“the ’498 Patent”), (collectively, “the Patents-in-Suit”) owned by the Plaintiff.

In the complaint, the Plaintiff alleged that, “Skullcandy actively induces infringement of at least Claim 1of the ’959 Patent by selling the Accused Headphones with instructions as to how to use the Accused Headphones in a system such as that recited in the ’959 Patent. Skullcandy aids, instructs, or otherwise acts with the intent to cause an end user to use the Accused Headphones. Skullcandy knew of the ’959 Patent and knew that its use and sale of the Accused Headphones infringe at least Claim 1 of the ’959 Patent.”

The Plaintiff also alleged that, “Skullcandy is also liable for contributory infringement of at least Claim 1 of the ’959 Patent by providing, and by having knowingly provided, a material part of the instrumentalities, namely the Accused Headphones, used to infringe Claim 1 of the ’959 Patent. The Accused Headphones have no substantial non-infringing uses.”

The Plaintiff further alleged that, “Skullcandy’s infringement of the ’959 Patent has caused, and will continue to cause, Koss to suffer substantial and irreparable harm” and “Skullcandy has been aware that it infringes the ’959 Patent since at least September 7, 2021, if not earlier, upon the receipt of the letter attached as Exhibit D. Since obtaining knowledge of its infringing activities, Skullcandy has failed to cease its infringing activities.” The Plaintiff also alleged that, “Skullcandy’s infringement of the ’959 Patent is, has been, and continues to be, willful, intentional, deliberate, and/or in conscious disregard of Koss’s rights under the patent.”

Similar claims have been made by the Plaintiff with reference to the alleged infringement of other Patents-in-suit. 

There are three claims for relief laid down by the Plaintiff, one for the alleged infringement of each of the Patents-in-suit.

In the prayer for relief, the Plaintiff has requested the Court for declaratory reliefs and an award for damages pursuant to 35 U.S.C. § 284 adequate to compensate Koss for Skullcandy’s past infringement of the Patents-in-Suit, including both pre- and post-judgment interest and costs as fixed by the Court. The Plaintiff also requested the Court for an increase in the damages to be awarded to Koss by three times the amount found by the jury or assessed by the Court along with reasonable attorneys’ fees and any other relief the court deems just and proper. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00557

  • Filing Date:

    09/24/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Howard C. Nielson, Jr

Referral Judge

Dustin B. Pead

 

Party Details

Counter Defendant and Plaintiff

Koss

Counter Claimant and Defendant

Skullcandy

Attorney/Law Firm Details

Counter Defendant and Plaintiff Attorneys

Benjamin J. Weed

Attorney at K&L GATES, LLP

70 W. Madison St Ste 3100

Chicago, IL 60602

Darlene F. Ghavimi

Attorney at K&L GATES, LLP

2801 Via Fortuna Ste 350

Austin, TX 78746

Erik J. Halverson

Attorney at K&L GATES LLP

70 W Madison St Ste 3100

Chicago, IL 60602

Gina A. Johnson

Attorney at K&L GATES, LLP

70 W. Madison St Ste 3100

Chicago, IL 60602

Samuel C. Straight

Attorney at RAY QUINNEY & NEBEKER PC

36 S State St Ste 1400, Po Box 45385

Salt Lake City, UT 84145-0385

Counter Claimant and Defendant Attorneys

J. Jeffrey Gunn

Attorney at TRASKBRITT PC

230 S 500 E #300, Po Box 2550

Salt Lake City, UT 84110

William James Wright

Attorney at TRASKBRITT PC

230 S 500 E #300, Po Box 2550

Salt Lake City, UT 84110

James C. Watson

Attorney at TRASKBRITT PC

230 S 500 E #300, Po Box 2550

Salt Lake City, UT 84110

 

Court Documents

#25

(#25) Plaintiff Koss Corporation's ANSWER to #10 Counterclaim filed by Koss.(Straight, Samuel) (Entered: 11/12/2021)

#24

(#24) ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney Darlene F. Ghavimi for Koss. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Robert J. Shelby on 11/11/21. (dla) (Entered: 11/12/2021)

#23

(#23) ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Gina A. Johnson for Koss. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 11/11/21. (dla) (Entered: 11/12/2021)

19 #2

Text of Proposed Order

19 #1

Text of Proposed Order A - Application

#19

(#19) MOTION for Admission Pro Hac Vice of Darlene F. Ghavimi , Registration fee $ 250, receipt number AUTDC-4161282,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Koss. (Attachments: #1 Text of Proposed Order A - Application, #2 Text of Proposed Order)(Straight, Samuel) (Entered: 11/10/2021)

18 #2

Text of Proposed Order

18 #1

Exhibit A - Application

#18

(#18) MOTION for Admission Pro Hac Vice of Gina A. Johnson , Registration fee $ 250, receipt number AUTDC-4161273,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Koss. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Straight, Samuel) (Entered: 11/10/2021)

2 #8

Civil Cover Sheet Civil Cover Sheet

2 #7

Exhibit G - Non-Limiting Claim Charts

2 #6

Exhibit F - Non-Limiting Claim Charts

2 #5

Exhibit E - Non-Limiting Claim Charts

2 #4

Exhibit D - Notice of Infringement Letter

2 #3

Exhibit C - '498 Patent

2 #1

Exhibit A - '959 Patent

#2

#1

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Docket Entries

  • 11/12/2021
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  • Docket(#25) Plaintiff Koss Corporation's ANSWER to #10 Counterclaim filed by Koss.(Straight, Samuel) (Entered: 11/12/2021)

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  • 11/12/2021
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  • Docket(#24) ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney Darlene F. Ghavimi for Koss. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Robert J. Shelby on 11/11/21. (dla) (Entered: 11/12/2021)

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  • 11/12/2021
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  • Docket(#23) ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Gina A. Johnson for Koss. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 11/11/21. (dla) (Entered: 11/12/2021)

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  • 11/12/2021
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  • Docket(#22) ORDER granting #17 Motion for Admission Pro Hac Vice of Attorney Erik J. Halverson for Koss. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 11/11/21. (dla) (Entered: 11/12/2021)

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  • 11/12/2021
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  • Docket(#21) ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney Benjamin J. Weed for Koss. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 11/11/21. (dla) (Entered: 11/12/2021)

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  • 11/10/2021
  • Docket(#20) DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Dustin B. Pead. Signed by Judge Howard C. Nielson, Jr on 11/10/21. (dla) (Entered: 11/10/2021)

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  • 11/10/2021
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  • Docket(#19) MOTION for Admission Pro Hac Vice of Darlene F. Ghavimi , Registration fee $ 250, receipt number AUTDC-4161282,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Koss. (Attachments: #1 Text of Proposed Order A - Application, #2 Text of Proposed Order)(Straight, Samuel) (Entered: 11/10/2021)

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  • 11/10/2021
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  • Docket(#18) MOTION for Admission Pro Hac Vice of Gina A. Johnson , Registration fee $ 250, receipt number AUTDC-4161273,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Koss. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Straight, Samuel) (Entered: 11/10/2021)

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  • 11/10/2021
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  • Docket(#17) MOTION for Admission Pro Hac Vice of Erik J. Halverson , Registration fee $ 250, receipt number AUTDC-4161259,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Koss. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Straight, Samuel) (Entered: 11/10/2021)

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  • 11/10/2021
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  • Docket(#16) MOTION for Admission Pro Hac Vice of Benjamin J. Weed , Registration fee $ 250, receipt number AUTDC-4161229,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Koss. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Straight, Samuel) (Entered: 11/10/2021)

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5 More Docket Entries
  • 10/18/2021
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  • Docket(#10) ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Koss filed by Skullcandy. Attorney James C. Watson added to party Skullcandy(pty:dft)(Watson, James) (Entered: 10/18/2021)

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  • 10/01/2021
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  • Docket(#9) **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Koss as to Skullcandy served on 9/28/2021, answer due 10/19/2021. (Straight, Samuel) (Entered: 10/01/2021)

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  • 09/27/2021
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  • Docket(#8) ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant within (7) days after the filing of the first answer. Pursuant to Local Patent Rule 1.2, the parties shall hold their conference pursuant to Fed. R. Civ. P. 26(f) no later than thirty-five (35) days after the filing of the first answer to discuss and address those matters found in the form scheduling order located on the court's website. See order for additional instructions. Signed by Magistrate Judge Daphne A. Oberg on 09/27/2021. (jl) (Entered: 09/27/2021)

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  • 09/24/2021
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  • Docket(#7) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Skullcandy. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh) (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#6) Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (mh) (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#5) NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Darlene F. Ghavimi, for Plaintiff Koss. (mh) (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#4) NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Benjamin E. Weed, Philip A. Kunz, Erik J. Halverson and Gina E. Johnson, for Plaintiff Koss. (mh) (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#3) NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Peter E. Soskin, for Plaintiff Koss. (mh) (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#2) COMPLAINT for Patent Infringement against Skullcandy (Filing fee $ 402, receipt number AUTDC-4121109) filed by Koss. (Attachments: #1 Exhibit A - '959 Patent, #2 Exhibit B - '325 Patent, #3 Exhibit C - '498 Patent, #4 Exhibit D - Notice of Infringement Letter, #5 Exhibit E - Non-Limiting Claim Charts, #6 Exhibit F - Non-Limiting Claim Charts, #7 Exhibit G - Non-Limiting Claim Charts, #8 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Daphne A. Oberg (Straight, Samuel) (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#1) Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. Plaintiff Koss is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mh) (Entered: 09/24/2021)

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