Bose (1:20-cv-12193) has become the second defendant sued in the Western District of Texas by Koss Corporation this past July to file a declaratory judgment action elsewhere. In early August, Apple asked the Northern District of California for declaratory judgments of noninfringement of the same patents asserted in Texas, also claiming breach of contract based on Koss’s alleged violation of a “Confidentiality Agreement” (effective between the parties in August 2017) by filing the Texas complaint. Apple has moved to strike that complaint, a motion that Koss has opposed, the parties’ briefing raising questions about the effect of entering into such pre-suit confidentiality agreements.