Motion for Preliminary Injunction Denied in High-Stakes Patent Litigation

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Hueston Hennigan won another significant victory for client ClearOne, defeating Shure’s Motion for a Preliminary Injunction in the U.S. District Court for the District of Delaware and allowing ClearOne to continue selling its revolutionary audio conferencing products.

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. Shure, a direct competitor, filed a motion for preliminary injunction seeking to enjoin sales of ClearOne’s BMA CT and BMA CTH products due to alleged infringement of Shure’s design patent.

The Honorable Christopher J. Burke in the District of Delaware issued a report and recommendation denying Shure’s motion and agreeing with many of ClearOne’s positions. For example, Judge Burke found that there were substantial questions regarding the validity of the patent that precluded a finding of likelihood of success on the merits And Judge Burke additionally held in favor of ClearOne on irreparable harm, noting that Shure could not establish the requisite nexus between its design patent and any lost sales to ClearOne.

“This is another win for our client ClearOne,” explained partner Douglas J. Dixon. “ClearOne is a leading innovator in conferencing products, and this dispute with its rival Shure is one of its most significant legal battles. ClearOne won a preliminary injunction against Shure in 2019 in the Northern District of Illinois, and in 2020 defeated Shure’s TRO in Delaware. Despite the denial of the TRO, Shure decided to continue with its preliminary injunction motion and we are pleased for our client that it, like the TRO, failed.”

This is just the latest in the string of many patent victories that Hueston Hennigan has achieved for ClearOne as both a patentee and defendant in its cases with Shure.

The Hueston Hennigan team included Douglas J. Dixon, Christy Rayburn, Sourabh Mishra, Karen Younkins, Neil Anderson, and Michael Acquah.