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ARTICLE · 14 AUGUST 2024

Federal Circuit Dismisses Appeals As Moot

Jones Day
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Koss filed a patent infringement suit against Bose asserting the '155, '934, and '025 patents, after which Bose petitioned for inter partes review of all three patents before the PTAB.

United StatesIntellectual Property
Sarah Anwar
Sarah Anwar
Matthew Johnson
Matthew Johnson
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Koss filed a patent infringement suit against Bose asserting the '155, '934, and '025 patents, after which Bose petitioned for inter partes review of all three patents before the PTAB. The district court case was stayed pending resolution of the IPRs, which were instituted.

At the same time that Koss filed the infringement suit against Bose, Koss also filed an infringement suit asserting the same patents against Plantronics. Plantronics moved to dismiss Koss's First Amended Complaint, claiming the patents were invalid under 35 U.S.C. § 101 for claiming patent-ineligible subject matter. The district court agreed and granted Plantronics motion.

Koss then filed a Second Amended Complaint against Plantronics, reasserting only certain claims of the '934 and '025 patents, which Plantronics again moved to dismiss under 35 U.S.C. § 101. This motion was fully briefed. However, rather than wait for the court to decide the motion, Koss voluntarily stipulated to dismiss the

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