The Federal Circuit dismissed an appeal by ClearOne competitor, Shure, of a lower court finding in favor of ClearOne.
In September 2020, the Honorable Edmond E. Chang of the United States District Court for the Northern District of Illinois held Shure in contempt for marketing and selling its redesigned MXA910-A product in violation of a previously issued preliminary injunction order (“Contempt Order”). Shure appealed the Contempt Order. The Federal Circuit dismissed the appeal, stating that Shure’s position on appeal “lacks merit.” The Federal Circuit held that because the Contempt Order “faithfully applied the preliminary injunction,” the Federal Circuit did not have jurisdiction over the appeal. The Federal Circuit awarded to ClearOne certain of its costs incurred responding to Shure’s appeal.
ClearOne has filed a motion for its attorney fees associated with responding to Shure’s appeal. That motion remains pending. In the District Court, proceedings are ongoing as to the scope of Shure’s violation of the Contempt Order, as well as the appropriate relief arising from the violation.
The oral argument before the Federal Circuit was conducted during the first in-person session after an almost 15-month pause. The recording is available here.
ClearOne is a global company that designs and develops conferencing, collaboration, and networked streaming devices. Its customers have included Boeing, Toyota, Netflix, Exxon, and Kaiser Permanente.
The Hueston Hennigan team includes Christy Rayburn, Doug Dixon, Sourabh Mishra, Karen Younkins and Joseph Aronsohn.