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April 3, 2014

Feds to probe alleged infringement of Bose patent

The U.S. International Trade Commission (ITC) announced Monday that it will launch an investigation into a patent infringement claim by Framingham-based audio technology company Bose Corp.

Bose alleged in a Feb. 26 complaint that California-based Monster Inc.’s iSport Intensity in-ear headphones violate a patent for a device that keeps earpieces inside a user’s ear without using ear hooks or “twist lock” tips, which can be uncomfortable or fit poorly. The device can be found in Bose’s Bluetooth headsets, sport headphones and noise-cancelling headphones, according to Bose.

“The invention covered by the asserted patent arose out of the inventors’ recognition that then-existing earpieces lacked stability and comfort when placed in the user’s ear,” Bose wrote in its 13-page complaint. “In view of this problem, the inventors sought to create an earpiece that was comfortable, stable, and easy to use.” 

Bose accuses Monster of manufacturing the infringing headphones in China and importing them into the U.S. in violation of Section 337 of the Tariff Act of 1930.  

Bose has requested that the ITC issue a cease and desist order and a limited exclusion order (which would be directly only at Monster Inc.). The ITC said it will set a target date for completing the investigation within 45 days.

Monster didn’t immediately return a request for comment.   

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