Sonos, Inc. v. D&M Holdings, Inc. et al., C.A. No. 14-1330 – RGA-MPT, August 10, 2016.

Thynge, C.M. J. Report and recommendation recommending that plaintiff’s motion to strike be granted as to the 4th, 5th, 6th (patent misuse) and 10th defenses and denied as to 1st and 6th (patent exhaustion/ First sale doctrine defenses.

The disputed technology relates to wireless speakers for home audio equipment. A motion to strike is dispositive, and a 7.1.1 certificate is not required. Defense 1, failure to state a claim, is sufficiently plead. Defense 4 based on section 288 is stricken. An unclean hands defense is insufficiently plead as are waiver and acquiescence. Defenses of patent exhaustion and first sale doctrine are not stricken. The defenses of prosecution latches and patent misuse are insufficiently plead.