Apple’s DJ Action Against Koss Transferred to West Texas . . . Where Other Defendants’ Efforts to Exit Remain Alive

May 16, 2021

It looks like the infringement dispute between Koss Corporation and Apple will play out in the Western District of Texas, where Koss filed five infringement suits last July, one each against Apple, Bose, PEAG (d/b/a JLAB Audio), Plantronics (Polycom), and Skullcandy. Those defendants responded with motions seeking dismissal (or transfer) from West Texas, Apple and Bose also filing declaratory judgment actions elsewhere. Apple in particular asked District Judge Alan D. Albright to strike Koss’s complaint entirely, as impermissibly predicated on confidential information; in early April, Judge Albright denied that motion—and last week, the Northern District of California transferred Apple’s case against Koss to West Texas.

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