1 unchanged sentence
The Company is involved in litigation against Shure Incorporated (“Shure”) as further described in Part I, Item 3 of the Company’s Annual Report on Form 10-K for the year ended December 31, 2020 (the “Annual Report”), which information is incorporated herein by reference.
−Removed: The following recent developments amend and supplement the disclosure of the ongoing litigation proceedings against Shure as follows:
+Added: The following recent developments amend and supplement the disclosure of the ongoing litigation proceedings against Shure as at November 12, 2021 as follows:
Shure, Incorporated v.
11 unchanged sentences
ClearOne, Inc., 19-cv-1343 (D.
−Removed: On April 16, 2021, Shure and ClearOne filed summary judgment and Daubert motions.
−Removed: ClearOne filed for summary judgment of noninfringement and invalidity relating to the ’493 Patent;
−Removed: and summary judgment of no liability on various alleged false statements and of no lost profits or unjust enrichment relating to the false advertising claims.
−Removed: ClearOne also moved to exclude certain opinions from two Shure expert witnesses.
−Removed: Shure filed summary judgment motions on ClearOne’s inventorship argument;
−Removed: and on all of ClearOne’s counterclaims.
−Removed: They also seek to exclude certain opinions from two ClearOne expert witnesses.
−Removed: Briefing on these summary judgment and Daubert motions was completed in May 2021, and a hearing on a subset of the motions occurred in June 2021.
−Removed: The Court has not yet issued any orders on these motions.
+Added: On November 1, 2021, a jury trial commenced in the U.S.
+Added: District Court for the District of Delaware on Shure’s claim of infringement the sole claim of U.S.
+Added: D865,723 (the “’723 patent”).
+Added: On the third day of trial, November 3, 2021, a jury returned a verdict in favor of ClearOne on all issues.
+Added: The jury found that ClearOne had not infringed the ’723 patent and that the ’723 patent was invalid.
+Added: Shortly before trial, Shure dropped its business tort claims against ClearOne, and ClearOne has asked the Court to dismiss Shure’s now withdrawn business tort claims with prejudice.
+Added: That request is still pending.
+Added: The Court also severed ClearOne’s business tort claims from the trial of Shure’s ’723 patent infringement claims, and the parties are waiting for the Court to schedule a trial on ClearOne’s business tort claims.
+Added: Shure’s claim of infringement of U.S Patent No.
+Added: 9,565,493 is stayed pending ClearOne’s appeal to the U.S.
+Added: Court of Appeals for the Federal Circuit of the U.S.
+Added: Patent and Trademark Office’s decision regarding the patentability of several amended claims of that patent in an inter partes review proceeding.
+Added: That appeal is fully briefed.
UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS
5 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.