Strategy in TECH...
The battle rages on between D&M Holdings and Sonos over the patent infringement lawsuit brought by Sonos in 2014 against the HEOS by Denon line, and in which Sonos won the first set of their claims in a bellwether trial that concluded this past December. In retaliation for the Sonos lawsuit, D&M Holdings filed a countersuit that is now heating up, and in which they just lost a major decision from Judge Richard G. Andrews.
As we recently reported, a federal jury gave Sonos a sweeping victory in the first “bellwether trial” in Sonos Inc. v. D&M Holdings Inc. et al, siding with Sonos on all counts and awarding them nearly $2 million in damages. Furthermore, the jury affirmed the validity of the three Sonos patents at issue, and disagreed with D&M’s assertion that the patents were not valid.
Strata-gee spoke with both sides of this case and, this decision notwithstanding, neither appears ready to back down, even as this is just the first of what will ultimately be three trials in the case – two where Sonos is the plaintiff, and a countersuit by D&M Holdings where they will be the plaintiff. Sonos won round one, but this is a multi-round fight.
Ever since Sonos filed their patent infringement case against D&M Holdings – in reference to its then new HEOS line – things started out like the opening salvo in a boxing match. That was over three years ago in October 2014 and after an initial flurry, including the filing of a countersuit by D&M Holdings, the event went on to settle down into more of a wrestling match, as opposed to boxing. Each side jockeyed for leverage on the other, with our judgment giving a slight advantage to Sonos, whose legal team seemed just slightly better in their approach perhaps even winning over the judge in a series of mostly favorable rulings.
Now, on the eve of trial and in front of a new judge, things are really moving from its long, low simmer to a boil – in fact, boiling over in the days leading up to trial next week starting December 11.
Just one month after Delaware District Court judge Richard G. Andrews ruled against D&M Holdings’ attempt to have four key Sonos patents invalidated, we learn that Sonos was successful in winning a dismissal of three of D&M Holdings’ counterclaims of patent infringement against them. However, four additional counterclaims filed by D&M survived the challenge and the counter-lawsuit will continue.
