ClearOne (NASDAQ: CLRO), a leading global provider of audio and visual communication solutions, today comments on developments in its litigation against Shure Incorporated in the U.S. District Court for the District of Delaware. On September 17, Shure informed ClearOne that it “will not assert claims at trial regarding ClearOne’s alleged false advertising under the Lanham Act, violation of the Delaware Deceptive Trade Practices Act, tortious interference, or unfair competition under common law.”
In announcing this new lawsuit in July 2019, Shure claimed that “ClearOne has decided to mislead the marketplace . . . by engaging in a smear campaign of false and misleading statements about Shure’s products.” It has now withdrawn those affirmative claims from the upcoming trial.
In light of this, the November 1, 2021, trial in Delaware will involve only a single claim against ClearOne of infringement of U.S. Design Patent No. D865,723 (the “’723 Patent”) and ClearOne’s counterclaims against Shure of tortious interference and unfair competition relating to Shure’s marketing and sales of its MXA910-A Ceiling Array Microphone. ClearOne vigorously disputes Shure’s allegations of infringement, which ClearOne views as retaliation for its own claims of infringement against Shure in the U.S. District Court for the Northern District of Illinois.
“Shure’s announcement that it no longer intends to pursue its claims of false advertising, unfair competition, and other business torts at the November trial is especially validating,” said ClearOne chair and CEO Zee Hakimoglu. “ClearOne has always maintained that it did not seek to confuse or mislead the market. We look forward to our day in court on the parties’ remaining Delaware claims.”
The case number in the U.S. District Court for the District of Delaware is 1:19-cv-1343-RGA-CJB.