On February 26, 2014, Bose Corp. of Framingham, Massachusetts (“Bose”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Monster, Inc. of Brisbane, California, Monster, LLC of Las Vegas, Nevada, and Monster Technology International, Ltd. of Ireland (collectively, “Monster”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain earpiece devices having positioning and retaining structure and components thereof that infringe one or more claims of U.S. Patent No. 8,311,253 (the ‘253 patent).

According to the complaint, the ‘253 patent relates to an earpiece comprising an acoustic driver, a housing, and an ear interface with a unitary structure that has a body and a positioning and retaining structure. The patent describes how it is desirable to place the earpiece in the user’s ear such that it is oriented properly, stable, and comfortable to the user. In one aspect of the invention, the body and the positioning and retaining structure hold the earpiece in position without the use of ear hooks or “twist lock” tips, which may be unstable, uncomfortable, or ill fitting.

In the complaint, Bose states that Monster imports and sells products that infringe the ‘253 patent. The complaint specifically refers to Monster’s iSport Intensity devices as infringing products.

Regarding domestic industry, Bose states that many of its earpiece devices are covered by claims of the ‘253 patent. Bose refers to facilities and equipment in Massachusetts that are used in connection with research, development, engineering, design, product support, and warranty service for its products that practice the ‘253 patent. Bose further states that it has employed and continues to employ a significant number of employees at its Massachusetts facilities that devote substantial person-hours towards activities related to products that practice the ‘253 patent.

With respect to potential remedy, Bose requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at Monster.