Court lifts stay in patent dispute over hearing device patents

May 13, 2015 – United States District Judge Claire V. Eagan granted Plaintiff Hear-Wear Technologies, LLC’s motion to lift stay in Hear-Wear Technologies, LLC v. Oticon, Inc. et al., Civil Action No. 4:07-cv-0212-CVE (N.D. Okla.).  Judge Eagan issued the stay on July 22, 2008 pending the inter partes reexamination of the four patents-in-suit by the United States Patent and Trademark Office, which have now been completed.  The patents at issue are U.S. Patent No. 5,606,621, entitled “Hybrid Behind-the-Ear and Completely-in-Canal Hearing Aid,” and U.S. Patent Nos. 7,139,404, 7,110,562, and 7,016,512, all entitled “BTE/CIC Auditory Device and Modular Connector System Therefor.”  The technology at issue relates to hearing aids and related components.  Hear-Wear alleges that Defendants’ hearing aid products known as the Oticon Delta, Phonak Micropower, Interon Shape, and Vivatrone Entre all infringe the patents-in-suit.  Hear-Wear’s ’512 patent reexamination was the subject of the Federal Circuit’s recent decision in K/S HIMPP v. Hear-Wear Techs., LLC, 751 F.3d 1362 (Fed. Cir. 2014), affirming the Patent Board’s decision that certain claims of the patent were non-obvious.

By: Frederick C. Millett

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