District Court Judge Construes Claims as Indefinite, Invalidating Patent in Hearing-Aid Case

January 21, 2016—United States District Court Judge Claire V. Eagan of the Northern District of Oklahoma filed her opinion and order following Markman Hearing in a patent infringement action between Hear-Wear Technologies, LLC (“Plaintiff”) and Oticon, Inc. et al (collectively, “Defendants”), finding claims indefinite and invalidating.  In 2007, Plaintiff sued Defendants for infringement of its patents, U.S. Patent Nos. 5,606,621; 7,139,404. These patents concern hearing aids and its components. Specifically, the ‘621 patent concerns the structure of the patented hearing aid, while the ‘404 patent is directed to a device and modular connector system that simplifies fitting and sales processes. Judge Eagan construed six terms in the ‘621 patent and four terms in the ‘404 patent. For one term of the ‘404 patent, Judge Eagan found the term indefinite under § 112, ¶ 2. As such, Judge Eagan also made the determination that the ‘404 patent was invalid for indefiniteness. This case remains pending and is captioned Hear-Wear Technologies, LLC v. Oticon, Inc. et al, 4-07-cv-00212 (OKND).

By: H. Rachael Million-Perez

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