Authored by: Jeremy J. Gustrowsky
In a recent decision, the Federal Circuit dismissed the appeals in the ongoing patent dispute between Koss Corporation and Bose Corporation over wireless earphone technology. Koss, the owner of U.S. Patent Nos. 10,368,155, 10,469,934, and 10,206,025, had accused Bose of infringing these patents. However, a key development in a related case against Plantronics, Inc. ultimately led to the dismissal of Koss’s appeals.
The turning point came when a district court in California found all claims of the three Koss patents invalid under 35 U.S.C. § 101, which governs patent-eligible subject matter. Koss was allowed to amend its complaint but chose to voluntarily dismiss the case with prejudice—meaning it could not be refiled—without appealing the invalidity ruling or asking the court to vacate it. This made the invalidity decision final and binding.
Because Koss did not challenge the invalidation, the Federal Circuit determined that there was no longer a real legal controversy for it to resolve. The court explained that when a patent’s claims are found invalid in a final judgment, and the patent owner does not appeal, those claims cannot be asserted in future cases. As a result, Koss’s appeals regarding the Patent Trial and Appeal Board’s decisions on these patents were declared moot and dismissed.
This case highlights the importance of timely appeals and the lasting impact of final judgments in patent litigation. Once a court finds patent claims invalid and the patent owner does not contest that decision, the door closes on further legal challenges involving those claims.