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This case was last updated from PACER on 05/31/2021 at 09:18:14 (UTC).

Koss v. Skullcandy

Case Summary

On April 1, 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 damages with prejudgment and post-judgment interests among other reliefs, for unlawful infringement of United States patents owned by Plaintiff. This case was filed in the U.S. District Court for the District of Utah with Judge David Barlow presiding.

 

The Plaintiff filed this complaint for the alleged infringement of United States Patent No. 10,206,025 entitled “System with Wireless Earphones,” (“the ’025 Patent”), 10,368,155 entitled “System with Wireless Earphones,” (“the ’155 Patent”), 10,469,934 entitled “System with Wireless Earphones,” (“the ’934 Patent”), 10,491,982 entitled “System with Wireless Earphones,” (“the ’982 Patent”), and 10,506,325 entitled “System with Wireless Earphones,” (“the ’325 Patent”) (collectively “the Patents-in-Suit”) owned by them.

 

In the complaint, Plaintiff alleged that “(i) Skullcandy has infringed and is infringing Claims of the Patents-in-Suit by making, having made, using, importing, supplying, distributing, selling, and/or offering for sale the Sesh TWS headphones and others (“Accused Headphones”); (ii) Skullcandy actively induces infringement of Claims of the Patents-in-Suit by selling the Accused Headphones with instructions as to how to use the Accused Headphones in a system such as that recited in the Patents-in-Suit. Skullcandy aids, instruct or otherwise acts with the intent to cause an end-user to use the Accused Headphones which directly infringes the claims in Patents-in-Suit; (iii) Skullcandy is also liable for contributory infringement of Claims of the Patents-in-Suit by providing, and by having knowingly provided, a material part of the instrumentalities, namely the Accused Headphones, used to infringe Claims of the Patents-in-Suit.”

 

Furthermore, Plaintiff alleged that “Skullcandy has also been aware that it infringes the Patents-in-Suit since the filing of litigation in the Western District of Texas as Civil Action No. 6:20-cv-00664, alleging substantially the same allegations as are alleged herein, and the subsequent service of infringement contentions in that same civil action. Even after obtaining knowledge of its infringing activities, Skullcandy has failed to cease its infringing activities and that Skullcandy’s infringement of the Patents-in-Suit is, has been, and continues to be, willful, intentional, deliberate, and/or in conscious disregard of Koss’s rights under the patent.”

 

In the five claims for relief laid down by Plaintiff, Infringement of the ’025 Patent, ’155 Patent, ’982 Patent, ’934 Patent, ’325 Patent in violation of 35 U.S.C. § 271 (b) has been alleged, wherein it has been alleged that Google has induced and continues to induce others to infringe claims of Patents-in-suit by, among other things, and with specific intent or willful blindness, actively aiding and abetting others to infringe, including customers, whose use of the Accused Products constitutes a direct infringement of claims Patents-in-suit.

 

In its prayer for relief, Plaintiff has requested the court to declare that Defendant has allegedly infringed the patent in suit or by inducing its customers and to award damages as claimed and triple the damages, with prejudgment and post-judgment interests along with other costs and enhanced damages as appropriate against Defendant as provided by 35 U.S.C. § 285 along with attorney’s fees.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00203

  • Filing Date:

    04/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Utah District

Judge Details

Presiding Judge

David Barlow

Referral Judge

Jared C. Bennett

 

Party Details

Plaintiff and Counter Defendant

Koss

Defendant and Counter Claimant

Skullcandy

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Samuel C. Straight

Attorney at RAY QUINNEY & NEBEKER PC

36 S State St Ste 1400, Po Box 45385

Salt Lake City, UT 84145-0385

Amanda C. Maxfield

Attorney at K&L Gates, LLP

70 W. Madison St. Ste 3100

Chicago, IL 60602

Erik J. Halverson

Attorney at K&L GATES, LLP

70 W. Madison St Ste 3100

Chicago, IL 60602

James A. Shimota

Attorney at K&L GATES, LLP

70 W. Madison St Ste 3100

Chicago, IL 60602

Benjamin J. Weed

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

Darlene F. Ghavimi

Attorney at K&L GATES, LLP

2801 Via Fortuna Ste 350

Austin, TX 78746

Philip A. Kunz

Attorney at K&L GATES, LLP

70 W. Madison St Ste 3100

Chicago, IL 60602

Peter E. Soskin

Attorney at K&L GATES, LLP

4 Embarcadero Center Ste 1200

San Francisco, CA 9111

Defendant and Counter Claimant Attorney

J. Jeffrey Gunn

Attorney at TRASKBRITT PC

230 S 500 E #300, Po Box 2550

Salt Lake City, UT 84110

 

Court Documents

31 #1

Text of Proposed Order Patent Case Scheduling Order

#31

(#31) REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Patent Case Scheduling Order)(Straight, Samuel) (Entered: 05/27/2021)

#30

(#30) ORDER granting #29 Motion for Admission Pro Hac Vice of Attorney Amanda C. Maxfield for Koss,Amanda C. Maxfield 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 David Barlow on 5/14/21. (jrj) (Entered: 05/14/2021)

29 #2

Text of Proposed Order

29 #1

Exhibit A - Application

#29

(#29) MOTION for Admission Pro Hac Vice of Amanda C. Maxfield , Registration fee $ 250, receipt number AUTDC-4006283,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, Counter Defendant Koss. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Straight, Samuel) (Entered: 05/14/2021)

#28

(#28) Plaintiff Koss Corporation's ANSWER to #24 Counterclaim filed by Koss.(Straight, Samuel) (Entered: 05/12/2021)

#27

(#27) ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Jared C. Bennett on 05/03/2021. (jl) (Entered: 05/03/2021)

#24

(#24) Defendant's ANSWER to #2 Complaint and, Defendant's COUNTERCLAIM to Plaintiff's Complaint against All Plaintiffs filed by Skullcandy. Attorney J. Jeffrey Gunn added to party Skullcandy(pty:dft)(Gunn, J.) Modified by linking to Complaint on 4/23/2021 (jl). (Entered: 04/22/2021)

2 #11

Exhibit K - July 10, 2020 Letter

2 #10

Exhibit J - '325 Patent

2 #9

Exhibit I - '982 Patent

2 #8

Exhibit H - '934 Patent

2 #7

Exhibit G - '155 Patent

2 #6

Exhibit F - '025 Patent

2 #5

Exhibit E - Non-Limiting Claim Charts

2 #3

Exhibit C1 - C16 - Non-Limiting Claim Charts

#1

(#1) Case has been indexed and assigned to Judge David Barlow. 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: 04/01/2021)

57 More Documents Available
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Docket Entries

  • 05/27/2021
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  • Docket(#31) REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Patent Case Scheduling Order)(Straight, Samuel) (Entered: 05/27/2021)

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  • 05/14/2021
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  • Docket(#30) ORDER granting #29 Motion for Admission Pro Hac Vice of Attorney Amanda C. Maxfield for Koss,Amanda C. Maxfield 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 David Barlow on 5/14/21. (jrj) (Entered: 05/14/2021)

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  • 05/14/2021
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  • Docket(#29) MOTION for Admission Pro Hac Vice of Amanda C. Maxfield , Registration fee $ 250, receipt number AUTDC-4006283,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, Counter Defendant Koss. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Straight, Samuel) (Entered: 05/14/2021)

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  • 05/12/2021
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  • Docket(#28) Plaintiff Koss Corporation's ANSWER to #24 Counterclaim filed by Koss.(Straight, Samuel) (Entered: 05/12/2021)

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  • 05/03/2021
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  • Docket(#27) ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Jared C. Bennett on 05/03/2021. (jl) (Entered: 05/03/2021)

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  • 04/27/2021
  • Docket(#26) ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 4/27/2021. (ath) (Entered: 04/27/2021)

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  • 04/22/2021
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  • Docket(#25) CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Counter Claimant Skullcandy, Defendant Skullcandy identifying MRSK Hold Co as Corporate Parent. (Gunn, J.) (Entered: 04/22/2021)

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  • 04/22/2021
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  • Docket(#24) Defendant's ANSWER to #2 Complaint and, Defendant's COUNTERCLAIM to Plaintiff's Complaint against All Plaintiffs filed by Skullcandy. Attorney J. Jeffrey Gunn added to party Skullcandy(pty:dft)(Gunn, J.) Modified by linking to Complaint on 4/23/2021 (jl). (Entered: 04/22/2021)

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  • 04/07/2021
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  • Docket(#23) ORDER granting #16 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 David Barlow on 04/07/2021. (jl) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#22) ORDER granting #15 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 Judge David Barlow on 04/07/2021. (jl) (Entered: 04/07/2021)

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11 More Docket Entries
  • 04/06/2021
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  • Docket(#10) MOTION for Admission Pro Hac Vice of Benjamin J. Weed , Registration fee $ 250, receipt number AUTDC-3971014,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: 04/06/2021)

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  • 04/02/2021
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  • Docket(#9) **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Koss as to Skullcandy served on 4/1/2021, answer due 4/22/2021. (Straight, Samuel) (Entered: 04/02/2021)

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  • 04/01/2021
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  • Docket(#8) **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: 04/01/2021)

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  • 04/01/2021
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  • Docket(#7) NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Peter E. Soskin, for Plaintiff Koss (mh) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#6) NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Benjamin E. Weed, Philip A. Kunz, Erik J. Halverson, Gina E. Johnson, for Plaintiff Koss (mh) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#5) NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Darlene F Ghavimi, for Plaintiff Koss (mh) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#4) Amended Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (mh) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#3) Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (mh) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#2) COMPLAINT for Patent Infringement against Skullcandy (Filing fee $ 402, receipt number AUTDC-3967569) filed by Koss. (Attachments: #1 Exhibit A1 - A-16 - Non-Limiting Claim Charts, #2 Exhibit B1 - B-16 - Non-Limiting Claim Charts, #3 Exhibit C1 - C16 - Non-Limiting Claim Charts, #4 Exhibit D - Non-Limiting Claim Charts, #5 Exhibit E - Non-Limiting Claim Charts, #6 Exhibit F - '025 Patent, #7 Exhibit G - '155 Patent, #8 Exhibit H - '934 Patent, #9 Exhibit I - '982 Patent, #10 Exhibit J - '325 Patent, #11 Exhibit K - July 10, 2020 Letter, #12 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge David Barlow (Straight, Samuel) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#1) Case has been indexed and assigned to Judge David Barlow. 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: 04/01/2021)

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