Case number 1:20-cv-12193
Koss Corporation v. Bose Corporation > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 14, 2023 | 62 | STATUS REPORT OF THE PARTIES by Koss Corporation. (Dillman, Brandon) (Entered: 08/14/2023) (3) |
| Apr 13, 2023 | 61 | STATUS REPORT by Bose Corporation and by Koss Corporation. (Blessington, John) (Entered: 04/13/2023) (3) |
| Apr 3, 2023 | 60 | Judge Richard G. Stearns: ELECTRONIC ORDER entered. Beginning April 14, 2023, the parties shall submit joint status reports every 120 days indicating the status of the Federal Circuit appeal. (RGS, law3) (Entered: 04/03/2023) (0) |
| Nov 14, 2022 | 59 | Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 56 Motion. The court denies Dkt # 56. Considerations of judicial economy (for example, the uncertainty raised by the pending appeal, the early stages of this case, and the potential for piecemeal litigation) counsel against lifting the stay at this juncture. (RGS, law3) (Entered: 11/14/2022) (0) |
| Nov 14, 2022 | 58 | Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 34 Motion to Amend. The court denies the portion of Dkt # 34 seeking entrance of a preliminary injunction. Koss has not shown any likelihood of future irreparable harm. Bose has ceased working with Mr. Pelland. The court also denies the portion of the motion seeking to lift the stay. The same considerations of judicial economy cited in the initial order imposing a stay (for example, the early stages of the case and the potential for piecemeal litigation) counsel against lifting the stay at this juncture.Finally, the court denies the portion of the motion seeking to amend the complaint, as the case will remain stayed at present. Koss may renew its request to amend the complaint upon lifting of the stay. (RGS, law3) (Entered: 11/14/2022) (0) |
| Nov 14, 2022 | N/A | Order on Motion for Miscellaneous Relief (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered denying [56] Motion. The court denies Dkt # 56. Considerations of judicial economy (for example, the uncertainty raised by the pending appeal, the early stages of this case, and the potential for piecemeal litigation) counsel against lifting the stay at this juncture. (RGS, law3) |
| Nov 14, 2022 | N/A | Order on Motion to Amend (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered denying [34] Motion to Amend. The court denies the portion of Dkt # 34 seeking entrance of a preliminary injunction. Koss has not shown any likelihood of future irreparable harm. Bose has ceased working with Mr. Pelland. The court also denies the portion of the motion seeking to lift the stay. The same considerations of judicial economy cited in the initial order imposing a stay (for example, the early stages of the case and the potential for piecemeal litigation) counsel against lifting the stay at this juncture.Finally, the court denies the portion of the motion seeking to amend the complaint, as the case will remain stayed at present. Koss may renew its request to amend the complaint upon lifting of the stay. (RGS, law3) |
| Nov 10, 2022 | 57 | Opposition to Motion (22) Docket Text: Opposition re [56] MOTION Lift of Stay re [30] Order on Motion to Stay,,, [33] Order, filed by Bose Corporation. (Rader, Michael) |
| Oct 27, 2022 | 56 | Motion for Miscellaneous Relief (9) Docket Text: MOTION Lift of Stay re [30] Order on Motion to Stay,,, [33] Order, by Koss Corporation.(Dillman, Brandon) |
| May 20, 2022 | 54 | Notice (Other) (2) Docket Text: NOTICE by Koss Corporation Change in Counsel (Soskin, Peter) |
| Feb 15, 2022 | N/A | Order on Motion for Miscellaneous Relief (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered denying [34] Motion Partially Lift Stay; reserving ruling on [34] Motion to Amend; finding as moot [34] Motion for Injunctive Relief. In this intellectual property dispute, headphone maker Koss accuses competitor Bose of patent infringement. Previously the court stayed the action pending the outcome of IPRs instituted against all three asserted patents. By way of the instant motion, Koss takes issue with the fact that Bose had retained Michael Pelland - a named inventor of the asserted patents - as a non-testifying expert witness. Pelland was the president/CEO of the now-defunct RedFusion, Koss's one-time outside engineering contractor, and the only one of the seven inventors of the asserted patents not retained by Koss. Koss alleges that Bose's engagement of Pelland interfered with Pelland's contractual obligations to Koss under the patent assignments (which required Pelland, when called upon, to assist in enforcing the assigned patent rights) and a 2015 Koss-RedFusion settlement agreement (which prohibited Pelland from using any work product developed for Koss). Koss also contends that because Pelland was intimately familiar with many aspects of Koss's confidential information, Pelland's work for Bose necessarily incorporated and misappropriated Koss's trade secret. Koss seeks to amend the Complaint, to partially lift the stay to pursue newly added claims, and to enjoin Bose from further work with Pelland.Having carefully reviewed the briefs and exhibits submitted by the parties, the court at this time does not see a persuasive reason to lift the stay in favor of piecemeal litigation. First, the parties' positions will remain in status quo pending the resolution of the IPRs - Bose has represented that it has now "permanently terminated its consulting relationship with Mr. Pelland." Opp'n at 12. Second, Koss has not articulated any substantial risk of imminent harm from any alleged trade secret misappropriation. Having deposed Pelland, Koss asserts that Pelland has given Bose a pair of Koss Cobalt headphones (that were publicly for sale). Koss does not allege that Pelland was/is in possession of any Koss documents constituting source code, engineering diagrams, or customer lists. Counsel for Bose has further averred that Pelland's consultation work was limited to analyzing publicly available prior art (a POSITA is presumed to be aware of the relevant prior art), and that Pelland has never communicated with any Bose personnel. Finally, the court agrees with Bose that rulings in the IPRs - expected later this year - will help clarify the issues in this case (including any prejudice to Koss in the IPRs resulting from Pelland's work with Bose). Accordingly, the court FINDS MOOT Koss's request for injunctive relief, DENIES the motion to partially lift the stay, and RESERVES the motion to amend until after the stay is lifted at the conclusion of the IPRs. (Tang, Danni) |
| Feb 4, 2022 | N/A | Order on Motion to Seal (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [51] Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Tang, Danni) |
| Feb 4, 2022 | 51 | Motion to Seal (3) Docket Text: Assented to MOTION to Seal Designated Material by Bose Corporation.(Rader, Michael) |
| Jan 28, 2022 | N/A | Order on Motion to Seal (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [45] Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Tang, Danni) |
| Jan 28, 2022 | N/A | Order on Motion for Leave to File (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [43] Motion for Leave to File Reply. Bose may also file a sur-reply of no more than 10 pages no later than 2/4/2022; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Tang, Danni) |
| Jan 28, 2022 | 46 | Opposition to Motion (3) Docket Text: Opposition re [43] MOTION for Leave to File Reply Memorandum filed by Bose Corporation. (Speed, Nathan) |
| Jan 28, 2022 | 45 | Motion to Seal (3) Docket Text: Assented to MOTION to Seal by Koss Corporation.(Dillman, Brandon) |
| Jan 21, 2022 | N/A | Order on Motion to Seal (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [41] Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Tang, Danni) |
| Jan 21, 2022 | 41 | Motion to Seal (3) Docket Text: Assented to MOTION to Seal Designated Material by Bose Corporation.(Rader, Michael) |
| Jan 7, 2022 | N/A | Order on Motion to Seal (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [37] Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Tang, Danni) |
| Jan 6, 2022 | 37 | Motion to Seal (4) Docket Text: Assented to MOTION to Seal [35] MEMORANDUM in Support re [34] MOTION and [36] DECLARATION of Benjamin E. Weed and Exhibits by Koss Corporation.(Blessington, John) |
| Jan 6, 2022 | 34 | Motion for Miscellaneous Relief (4) Docket Text: MOTION for Partial Lift of Stay , MOTION to Amend Koss Corporation's Complaint against Bose Corporation, MOTION for Injunctive Relief by Koss Corporation.(Blessington, John) |
| Oct 15, 2021 | N/A | Order (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered. re [32] Status Report filed by Bose Corporation. The parties having informed the court that IPR proceedings have instituted as to all three of the patents-in-suit, this matter shall be stayed until the completion of the IPRs. The parties shall inform the court of the results within 14 days of the completion of all IPRs, including a joint proposal for further proceedings at that time.(Tang, Danni) |
| Oct 15, 2021 | 32 | Status Report (4) Docket Text: STATUS REPORT (Joint Status Report) by Bose Corporation. (Rader, Michael) |
| Sep 3, 2021 | N/A | Order on Motion to Dismiss for Failure to State a Claim (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered denying [21] Motion to Dismiss for Failure to State a Claim without prejudice in light of the stay pending the IPR institution decisions. This motion may be renewed upon the lifting of the stay. (Tang, Danni) |
| Sep 3, 2021 | N/A | Order on Motion to Stay (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part [25] Motion to Stay. Bose seeks a stay of this litigation because an IPR as to all claims has been instituted against one of the three asserted patents, and three petitions for IPR are pending against each of the remaining two patents. Koss contends that such a decision is premature when the institutional decision of the latter two patents are unknown. In view of the uncertainty an IPR can inject into an infringement litigation, the early stage of this case, and in light of judicial economy, the court will stay this case at least until the decisions regarding institution of the latter two patents are issued (which Bose informs the court will be by mid-October). The parties shall promptly inform the court of the institution decisions. (Tang, Danni) |
| Sep 2, 2021 | 29 | Opposition to Motion (12) Docket Text: Opposition re [21] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Koss Corporation. (Blessington, John) |
| Sep 2, 2021 | 28 | Opposition to Motion (14) Docket Text: Opposition re [25] MOTION to Stay Bose Corporation's Motion to Stay Pending Inter Partes Review filed by Koss Corporation. (Blessington, John) |
| Aug 19, 2021 | 26 | Memorandum in Support of Motion (22) Docket Text: MEMORANDUM in Support re [25] MOTION to Stay Bose Corporation's Motion to Stay Pending Inter Partes Review filed by Bose Corporation. (Rader, Michael) |
| Aug 19, 2021 | 25 | Motion to Stay (3) Docket Text: MOTION to Stay Bose Corporation's Motion to Stay Pending Inter Partes Review by Bose Corporation.(Rader, Michael) |
| Aug 19, 2021 | 24 | Answer to Counterclaim (12) Docket Text: ANSWER to Counterclaim Defendant Bose Corporation's Answer and Affirmative Defenses to Counts 1 and 2 of Plaintiff Koss Corporation's Counterclaims by Bose Corporation.(Rader, Michael) |
| Aug 19, 2021 | 22 | Memorandum in Support of Motion (11) Docket Text: MEMORANDUM in Support re [21] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bose Corporation. (Rader, Michael) |
| Aug 19, 2021 | 21 | Motion to Dismiss for Failure to State a Claim (3) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bose Corporation.(Rader, Michael) |
| Aug 18, 2021 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [19] Motion for Leave to Appear Pro Hac Vice. Added Darlene F. Ghavimi, Benjamin E. Weed, Peter E. Soskin, Gina A. Johnson, Erik J. Halverson, and Melissa M. Haulcomb. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) |
| Jul 30, 2021 | N/A | Order on Motion for Miscellaneous Relief (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [16] Motion to Realign the Parties. In July of 2020, Koss filed suit against Bose in the Western District of Texas (WDTX) for alleged patent infringement. Bose filed this instant suit, one for declaratory judgment of noninfringement, five months later in December of 2020. Subsequently, in the WDTX litigation, Bose moved to dismiss or transfer for improper venue. Finding that Bose closed its last physical retail store in the district a few months prior to the Koss lawsuit, the court in WDTX allowed Bose's motion to dismiss (but did not transfer the case). See dkt # 12-1. Under these circumstances, the court agrees that because Koss was first to file and it has the affirmative claims for relief in the dispute, Koss is the natural plaintiff. Accordingly, the Clerk is requested to realign the parties' designations. Koss's Counterclaims (dkt # 14) will be considered the affirmative claims, the Bose's declaratory judgment claims will be considered the counterclaims. (Tang, Danni) |
| Jul 29, 2021 | 16 | Motion for Miscellaneous Relief (3) Docket Text: MOTION Realign the Parties by Koss Corporation.(Blessington, John) |
| Jul 29, 2021 | 15 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT by Koss Corporation. (Blessington, John) |
| Jun 30, 2021 | N/A | Order (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered. re [12] Status Report filed by Bose Corporation. The parties having informed the court that the W.D.Tex action was dismissed for improper venue, Koss is to respond to the Complaint no later than 7/29/2021.(Tang, Danni) |
| Feb 8, 2021 | 11 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Nathan R. Speed on behalf of Bose Corporation (Speed, Nathan) |
| Feb 5, 2021 | 10 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Brandon R. Dillman on behalf of Koss Corporation (Dillman, Brandon) |
| Feb 5, 2021 | 9 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by John C. Blessington on behalf of Koss Corporation (Blessington, John) |
| Feb 5, 2021 | N/A | Order on Motion to Stay (0) Docket Text: Judge Richard G. Stearns: ELECTRONIC ORDER entered granting [7] Motion to Stay. Within 7 days of the W.D.Tx. ruling on the motion to dismiss for improper forum/transfer, the parties are to inform this court of the decision and submit a joint statement as to how whether/how this case should proceed. (Tang, Danni) |
| Feb 5, 2021 | 7 | Motion to Stay (3) Docket Text: Joint MOTION to Stay by Bose Corporation.(Rader, Michael) |
| Dec 29, 2020 | 6 | Waiver of Service Executed (2) Docket Text: WAIVER OF SERVICE Returned Executed by Bose Corporation. Koss Corporation waiver sent on 12/14/2020, answer due 2/12/2021. (Rader, Michael) |
| Dec 11, 2020 | 5 | Summons Issued (2) Docket Text: Summons Issued as to Koss Corporation. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina) |
| Dec 11, 2020 | N/A | Notice of Case Assignment (0) Docket Text: ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Danieli, Chris) |
| Dec 10, 2020 | 3 | Report on the filing of patent/trademark case (1) Docket Text: REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Rader, Michael) |
| Dec 10, 2020 | 2 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT by Bose Corporation. (Rader, Michael) |
| Dec 10, 2020 | 1 | Complaint* (1) |
