Koss suing Apple over basic concept of wireless connection to headphones and speakers

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in General Discussion
Koss is suing Apple over the concept of wirelessly connecting to headphones or speakers, and is alleging that nearly all of Apple's current product lineup is in infringement of Koss-held patents.

Koss sues Apple, claims Apple violated multiple wireless headphone patents


The suit was filed on July 22 in the U.S. district court in Waco, Texas. The 34-page lawsuit includes an 11-page section titled "Koss's Legacy of Audio Innovation," in which they detail the company's 67-year history. Within this section, they highlight various engineering achievements, products created, and company benchmarks.

Unlike many of the patent lawsuits Apple faces, Koss isn't a known patent troll, but rather a company that manufactures headphones, earbuds, and other audio accessories.

In the suit, Koss is leveraging several of its patents, including U.S. Patent numbers. 10,206,025 ('025), 10,469,934 ('934), 10,491,982 ('982), and 10,506,325 ('325.) These four patents generally describe wireless earphones that involve a transceiver circuit, enabling the device to stream audio from a digital audio player, computer, or wireless network. Koss argues that by selling AirPods, AirPods Pro, and wireless Beats by Dre products, Apple has damaged Koss irreparably by violating all four patents in part, or in whole.

It also suggests that Apple became aware of the various infringements in 2019, but willfully ignored them and continues to do so after Koss contacted them.

Koss also claims that U.S. patent 10,298,451, or "'451" for short, is also being violated. Patent '451 discusses configuring wireless devices to work on a wireless network. Again, Koss alleges that Apple is violating this by simply selling products, though this time, they mention the HomePod and Apple Watch.

The patents don't detail any specific method of connectivity. Rather, it discussed the general concept of wireless headphones and speakers in the vaguest and widest-reaching of terms. Koss isn't specifying any specific method of networking or connectivity, but is alleging that any method infringes upon the patents.

The patents in question were all granted throughout 2019. Apple first released the iPhone Bluetooth Headset in 2007, and AirPods first hit the market in 2016, nearly three years before Koss' received any of its patents.

In June, Apple filed a lawsuit that sought to invalidate intellectual property at the center of a patent infringement complaint by a patent troll, lodged five years ago. While Koss is very clearly not a patent troll, and produces its own products based on its patents, Apple is likely to take the same approach given that wireless Apple audio products have been shipping for over a decade.

Koss is requesting that, should the court find Apple guilty, Apple should pay punitive and compensatory damages three times the amount found by the jury or assessed by the Court because of willful infringement.

Koss Versus Apple by Mike Wuerthele on Scribd

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Comments

  • Reply 1 of 29
    CuJoYYCCuJoYYC Posts: 84member
    With a market cap of under $13 million, AAPL could simply buy KOSS and shut them down. That would probably be cheaper than the legal fees paid to fight these vague patents.
    lightvox88spock1234watto_cobrajony0spliff monkey
  • Reply 2 of 29
    mike1mike1 Posts: 3,286member
    Any other of the dozens of wireless headphone manufacturers named in the lawsuit?
    watto_cobrajony0
  • Reply 3 of 29
    DAalsethDAalseth Posts: 2,783member
    So they don't own any patents on Bluetooth, but they are suing because they claim their patents cover the CONCEPT of sending audio to a speaker wireless? 

    I don't think this is going anywhere. 
    StrangeDayswatto_cobrajony0revenant
  • Reply 4 of 29
    dewmedewme Posts: 5,372member
    I'd imagine that half the companies in the US have this bullet item in their long range strategic business roadmap:
    • Find a way to sue Apple.
    This certainly fits the definition of "low hanging fruit" that business executives are so very fond of.
    StrangeDaysviclauyycwatto_cobraspliff monkey
  • Reply 5 of 29
    beeble42beeble42 Posts: 32member
    Aren't they about a century too late to be patenting radio (sending audio to a speaker wirelessly)?
    spock1234watto_cobrajdb8167
  • Reply 6 of 29
    SpamSandwichSpamSandwich Posts: 33,407member
    CuJoYYC said:
    With a market cap of under $13 million, AAPL could simply buy KOSS and shut them down. That would probably be cheaper than the legal fees paid to fight these vague patents.
    They could buy out a controlling share of their stock for less.
    watto_cobra
  • Reply 7 of 29
    carnegiecarnegie Posts: 1,078member
    mike1 said:
    Any other of the dozens of wireless headphone manufacturers named in the lawsuit?
    Koss filed complaints against other wireless headphone makers as well, including Bose and Skullcandy.
    revenantjdb8167
  • Reply 8 of 29
    carnegiecarnegie Posts: 1,078member

    DAalseth said:
    So they don't own any patents on Bluetooth, but they are suing because they claim their patents cover the CONCEPT of sending audio to a speaker wireless? 

    I don't think this is going anywhere. 
    The patents aren't about the wireless technology - e.g., bluetooth - used. And, no, they don't claim ownership of the concept of sending audio to speakers wirelessly. The claims for the various patents specify other elements.
    revenantbeowulfschmidt
  • Reply 9 of 29
    Mike WuertheleMike Wuerthele Posts: 6,861administrator
    carnegie said:

    DAalseth said:
    So they don't own any patents on Bluetooth, but they are suing because they claim their patents cover the CONCEPT of sending audio to a speaker wireless? 

    I don't think this is going anywhere. 
    The patents aren't about the wireless technology - e.g., bluetooth - used. And, no, they don't claim ownership of the concept of sending audio to speakers wirelessly. The claims for the various patents specify other elements.
    They really don't.
    muthuk_vanalingamjdb8167
  • Reply 10 of 29
    carnegiecarnegie Posts: 1,078member

    CuJoYYC said:
    With a market cap of under $13 million, AAPL could simply buy KOSS and shut them down. That would probably be cheaper than the legal fees paid to fight these vague patents.
    They could buy out a controlling share of their stock for less.
    Not unless the Koss family wanted to sell for less, they own a controlling interest in the company.
  • Reply 11 of 29
    carnegiecarnegie Posts: 1,078member
    carnegie said:

    DAalseth said:
    So they don't own any patents on Bluetooth, but they are suing because they claim their patents cover the CONCEPT of sending audio to a speaker wireless? 

    I don't think this is going anywhere. 
    The patents aren't about the wireless technology - e.g., bluetooth - used. And, no, they don't claim ownership of the concept of sending audio to speakers wirelessly. The claims for the various patents specify other elements.
    They really don't.
    Some of them do. We might argue that the claimed material, in combination, is still obvious. But it covers more than just the concept of sending audio wirelessly. For instance, some of the patent claims have elements relating to remote servers and using controls on the headphones to initiate requests to those receivers.
  • Reply 12 of 29
    StrangeDaysStrangeDays Posts: 12,881member
    The patents don't detail any specific method of connectivity. Rather, it discussed the general concept of wireless headphones and speakers in the vaguest and widest-reaching of terms. Koss isn't specifying any specific method of networking or connectivity, but is alleging that any method infringes upon the patents.

    ...yet another patent for abstract ideas (flying car), rather than detailed implementation (anti-grav motor design). Patents just aren’t compatible with digital products, where the detailed implementation can be as unique as the people who produced it. 
    muthuk_vanalingamwatto_cobra
  • Reply 13 of 29
    StrangeDaysStrangeDays Posts: 12,881member
    carnegie said:
    carnegie said:

    DAalseth said:
    So they don't own any patents on Bluetooth, but they are suing because they claim their patents cover the CONCEPT of sending audio to a speaker wireless? 

    I don't think this is going anywhere. 
    The patents aren't about the wireless technology - e.g., bluetooth - used. And, no, they don't claim ownership of the concept of sending audio to speakers wirelessly. The claims for the various patents specify other elements.
    They really don't.
    Some of them do. We might argue that the claimed material, in combination, is still obvious. But it covers more than just the concept of sending audio wirelessly. For instance, some of the patent claims have elements relating to remote servers and using controls on the headphones to initiate requests to those receivers.
    So “using controls” is the detailed implementation? Nope, it’s still an abstract idea. Patents are for implementations, not ideas. Which is why they suck for most software driven products, since the unique implementation is code, which is uniquely written by developers. Thus most patents software related are just bogus patents on general ideas. 
    edited July 2020 muthuk_vanalingamwatto_cobrajdb8167
  • Reply 14 of 29
    mr lizardmr lizard Posts: 354member
    Whoever Koss are, I hoped they kept the receipt for those patents. Sounds like they are pretty worthless. 
    watto_cobra
  • Reply 15 of 29
    carnegiecarnegie Posts: 1,078member
    carnegie said:
    carnegie said:

    DAalseth said:
    So they don't own any patents on Bluetooth, but they are suing because they claim their patents cover the CONCEPT of sending audio to a speaker wireless? 

    I don't think this is going anywhere. 
    The patents aren't about the wireless technology - e.g., bluetooth - used. And, no, they don't claim ownership of the concept of sending audio to speakers wirelessly. The claims for the various patents specify other elements.
    They really don't.
    Some of them do. We might argue that the claimed material, in combination, is still obvious. But it covers more than just the concept of sending audio wirelessly. For instance, some of the patent claims have elements relating to remote servers and using controls on the headphones to initiate requests to those receivers.
    So “using controls” is the detailed implementation? Nope, it’s still an abstract idea. Patents are for implementations, not ideas. Which is why they suck for most software driven products, since the unique implementation is code, which is uniquely written by developers. Thus most patents software related are just bogus patents on general ideas. 
    Patents are granted based on claims, which are a list of elements or components which make up the invention. Some of those elements are quite specific while some are rather generic. But in order for a claim to be infringed, every one of the elements which makes up that claim have to be present in the thing which is alleged to infringe. (There's some nuance on that last point I won't get lost in.)

    Generally there would be a number of ways to implement all of the elements of a given claim. So the patent claim isn't for a specific implementation, it's for a combination of pieces - the elements of the claim. Each piece might itself already be in use or obvious, but it's the combination that gets patented - presumably based on the combination not already being in use or obvious and the combination being useful.

    But, yes, user controls on the headphones which can initiate a request made to a remote server is an element of some of the claims of these patents. There are lots of other elements. Many of them are just parts of a basic headphone assembly (e.g, rechargeable battery, processor, antenna, acoustic transducer), but some of them aren't.
  • Reply 16 of 29
    BeatsBeats Posts: 3,073member
    Headline should read "Another dying company needs money."
    rotateleftbytewatto_cobrajony0
  • Reply 17 of 29
    mknelsonmknelson Posts: 1,126member
    I had a quick skim of a few of the patents. They're pretty vague in many respects, but Claim 1 of 10,506,325 pretty much describes Powerbeats Pro

    1. Headphones comprising:
    a pair of first and second wireless earphones to be worn simultaneously by a user, wherein the first and second earphones are separate such that when the headphones are worn by the user, the first and second earphones are not physically connected, wherein each of the first and second earphones comprises:
    a body portion;
    an earbud extending from the body portion that is inserted into an ear of the user when worn by the user;
    a curved hanger bar connected to the body portion, wherein the curved hanger bar comprises a portion that rests upon an upper external curvature of an ear of the user behind an upper portion of an auricula of the ear of the user;
    a wireless communication circuit for receiving and transmitting wireless signals;
    a processor circuit connected to the wireless communication circuit;
    at least one acoustic transducer for producing audible sound from the earbud;
    a microphone for picking up utterances of a user of the headphones;
    an antenna connected to the wireless communication circuit; and
    a rechargeable power source; and
    a docking station for holding at least the first wireless earphone, wherein the docking station comprises a power cable for connecting to an external device to power the docking station, and wherein the docking station is for charging at least the first wireless earphone when the first wireless earphone is placed in the docking station.

  • Reply 18 of 29
    carnegiecarnegie Posts: 1,078member
    mknelson said:
    I had a quick skim of a few of the patents. They're pretty vague in many respects, but Claim 1 of 10,506,325 pretty much describes Powerbeats Pro

    1. Headphones comprising:
    a pair of first and second wireless earphones to be worn simultaneously by a user, wherein the first and second earphones are separate such that when the headphones are worn by the user, the first and second earphones are not physically connected, wherein each of the first and second earphones comprises:
    a body portion;
    an earbud extending from the body portion that is inserted into an ear of the user when worn by the user;
    a curved hanger bar connected to the body portion, wherein the curved hanger bar comprises a portion that rests upon an upper external curvature of an ear of the user behind an upper portion of an auricula of the ear of the user;
    a wireless communication circuit for receiving and transmitting wireless signals;
    a processor circuit connected to the wireless communication circuit;
    at least one acoustic transducer for producing audible sound from the earbud;
    a microphone for picking up utterances of a user of the headphones;
    an antenna connected to the wireless communication circuit; and
    a rechargeable power source; and
    a docking station for holding at least the first wireless earphone, wherein the docking station comprises a power cable for connecting to an external device to power the docking station, and wherein the docking station is for charging at least the first wireless earphone when the first wireless earphone is placed in the docking station.

    Yeah, that '325 patent and the '982 patent, as well as the parent '959 patent, are probably the weakest for Koss in this situation. I doubt they'll get anywhere with those.  The '025 and '934 patents bring a little more to the table, though I'm still skeptical that Koss will have much success with them.
    watto_cobra
  • Reply 19 of 29
    viclauyycviclauyyc Posts: 849member
    DAalseth said:
    So they don't own any patents on Bluetooth, but they are suing because they claim their patents cover the CONCEPT of sending audio to a speaker wireless? 

    I don't think this is going anywhere. 
    That is why I am betting on my flying car and spaceship patents even I know nothing about how to build one.
    i might hit big.
    watto_cobra
  • Reply 20 of 29
    Rayz2016Rayz2016 Posts: 6,957member
    viclauyyc said:
    DAalseth said:
    So they don't own any patents on Bluetooth, but they are suing because they claim their patents cover the CONCEPT of sending audio to a speaker wireless? 

    I don't think this is going anywhere. 
    That is why I am betting on my flying car and spaceship patents even I know nothing about how to build one.
    i might hit big.
    I went straight for teleportation. 

    Starfleet owes me big time. 
    watto_cobrajony0
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