Bose Corporation v Freebit AS [2018] EWHC 889 (Pat)
In this action Bose’s in-ear headphones and StayHear eartips were alleged to infringe a patent owned by Freebit. The patent is for an ear unit with a shape allowing it to fit comfortably and stably in the outer ear. Bose denied that their products fell within the scope of the claims and alleged that Freebit’s patent was invalid. The claims of the patent (as granted and as proposed to be amended) were found to have been anticipated by the supply of the Freebit H1 product in Norway before the priority date. The added matter attack also succeeded. The court construed the claims such that the ear unit must have the required shape before it is inserted into the ear; it is not sufficient for the ear unit to adopt the required shape when placed within the ear, for example as a result of being made from flexible material. On that construction the Bose products fell outside the scope of the claims and did not infringe.
Hugo Cuddigan QC and Chris Aikens acted for Freebit.