Koss had initially filed suit in the Western District of Texas, alleging infringement of three patents relating to wireless headphones – 10,206,024, 10,368,155, and 10,469,934 – by Bose. Bose moved to dismiss for improper venue and filed the declaratory judgment action in Massachusetts, and the Texas court dismissed Koss’ initial suit. Koss brought its infringement claims via counterclaims in Massachusetts, which Bose moved to dismiss the claim of infringement of the ‘934 patent, asserting that the counterclaim failed to assert that the accused headphones met one of the claim limitations. Bose and Apple, who had separately been sued on the patents by Koss, each filed IPR’s against the three patents, one of which has been granted and the remainder of which are pending. Judge Stearns granted in part Bose’s motion to stay the litigation pending IPR, agreeing to put the case on hold until the Patent Office issues decisions regarding institution of the other two patents, but did not go so far as to enter stay pending the resolution of the instituted proceeding.
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