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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, 2021 (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 at November 12, 2021 as follows:
+Added: The following recent developments amend and supplement the disclosure of the ongoing litigation proceedings against Shure as of March 31, 2022 as follows:
Shure, Incorporated v.
ClearOne, Inc., 17-cv-3078 (N.D.
−Removed: Shure and ClearOne completed supplemental briefing before the district court relating to the Court’s ruling holding Shure in contempt.
−Removed: The Court has not yet issued a ruling on the supplemental briefing.
−Removed: On July 21, 2021, the Federal Circuit dismissed Shure’s appeal of the Court’s ruling holding Shure in contempt.
+Added: The Company filed a motion asking the Court to schedule a trial date, but the Court denied that request without prejudice on April 7, 2022.
ClearOne, Inc.
Shure, Incorporated, 19-cv-02421 (N.D.
−Removed: On July 21, 2020, ClearOne informed the Court that it would proceed with its advertising-related claims in Delaware rather than Illinois.
−Removed: ClearOne thus filed a Second Amended Complaint removing the prospective economic advantage and trade libel claims.
−Removed: In July 2021, the parties completed briefing on Shure’s early motion to obtain summary judgment and dismissal of ClearOne’s trade secret misappropriation claims.
−Removed: The parties’ claim construction briefing is still pending.
+Added: The Company filed a motion asking the Court to schedule a trial date, but the Court denied that request without prejudice on April 7, 2022.
Shure, Incorporated v.
ClearOne, Inc., 19-cv-1343 (D.
−Removed: On November 1, 2021, a jury trial commenced in the U.S.
−Removed: District Court for the District of Delaware on Shure’s claim of infringement the sole claim of U.S.
−Removed: D865,723 (the “’723 patent”).
−Removed: On the third day of trial, November 3, 2021, a jury returned a verdict in favor of ClearOne on all issues.
−Removed: The jury found that ClearOne had not infringed the ’723 patent and that the ’723 patent was invalid.
−Removed: 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.
−Removed: That request is still pending.
−Removed: 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.
−Removed: Shure’s claim of infringement of U.S Patent No.
−Removed: 9,565,493 is stayed pending ClearOne’s appeal to the U.S.
−Removed: Court of Appeals for the Federal Circuit of the U.S.
−Removed: Patent and Trademark Office’s decision regarding the patentability of several amended claims of that patent in an inter partes review proceeding.
−Removed: That appeal is fully briefed.
+Added: The Company filed a motion asking the Court to set a trial date on ClearOne’s counterclaims of unfair competition and tortious interference with business relations.
+Added: Shure opposed that motion and asked the Court to stay proceedings on ClearOne’s counterclaims.
+Added: ClearOne asked for oral argument on the motions, but the Court has not scheduled a hearing.
+Added: The motions are fully briefed and pending.
UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS
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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.