Shure v. ClearOne - Second Amended Complaint

Case 1:19-cv-01343-RGA-CJB Document 64 Filed 11/19/19 Page 1 of 31 PageID #: 2294
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE
SHURE INCORPORATED, )
)
and ) C.A. NO. 19-1343-RGA-CJB
)
SHURE ACQUISITION HOLDINGS, INC., ) JURY TRIAL DEMANDED
)
Plaintiffs, )
)
v. )
)
CLEARONE, INC., )
)
Defendant. )
SECOND AMENDED COMPLAINT
Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc. (collectively,
“Shure”), by counsel and pursuant to Federal Rules of Civil Procedure 8(a), 15(a)(2), and 15(d),
hereby allege the following in support of their Second Amended Complaint against Defendant
ClearOne, Inc. (“ClearOne”):
NATURE OF THE ACTION
1. Healthy competition is a cornerstone of the economy. But that competition must
be fair. When Shure first pioneered the design of a ceiling array microphone, offering powerful
acoustic benefits with flexible mounting options and minimal aesthetic drawbacks in rooms
where it would be implemented, Shure built an entire new product market. Shure’s MXA910
product, part of the Microflex Advance (MXA) family of products, was and continues to be very
popular with customers because of its many innovative features and distinctive design. In
recognition of the MXA910’s inventive features, the U.S. Patent and Trademark Office issued to
Shure U.S. Patent No. 9,565,493 (the “’493 Patent”) (Exhibit A). Similarly, in recognition of
Shure’s innovative design, the USPTO issued to Shure U.S. Patent No. D865723 (the ’723
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Patent) (Exhibit G). ClearOne’s reaction to the success of the MXA910 was not to innovate or
fairly compete, but rather to generate its own version of the same product, the BMA CT, which
infringes the ’493 Patent and the ’723 Patent. In an effort to induce customers to buy ClearOne’s
BMA CT, and to deter purchases of Shure’s MXA910 products, ClearOne began a campaign of
false and misleading statements to customers. This is not fair and honest competition. It is
unlawful and has damaged Shure and its customers.
2. This civil action arises under the patent laws of the United States, 35 U.S.C. § 1 et
seq., Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) et seq., the Delaware Deceptive
Trade Practices Act, 6 Del. C. § 2532 et seq., and Delaware common law, and relates to
ClearOne’s products, including ClearOne’s BMA CT product, and its deceptive trade practices.
PARTIES
3. Plaintiff Shure Incorporated is a corporation organized under the laws of Illinois
with a principal place of business at 5800 W. Touhy Avenue, Niles, Illinois 60714.
4. Plaintiff Shure Acquisition Holdings, Inc. is a corporation organized under the
laws of Illinois with a principal place of business at 5800 W. Touhy Avenue, Niles, Illinois
60714. Shure Acquisition Holdings, Inc. is a wholly-owned subsidiary of Shure Incorporated.
5. On information and belief, Defendant ClearOne is a corporation organized and
existing under the laws of the State of Delaware, and is headquartered at 5225 Wiley Post Way,
Suite 500, Salt Lake City, Utah.
JURISDICTION AND VENUE
6. This Court has personal jurisdiction over ClearOne because, on information and
belief, ClearOne is incorporated in Delaware.
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7. On information and belief, this Court also has personal jurisdiction over ClearOne
because ClearOne has established minimum contacts with the forum such that the exercise of
personal jurisdiction over ClearOne would not offend traditional notions of fair play and
substantial justice.
8. On information and belief, ClearOne has regularly and purposefully availed itself
of the privilege of conducting business activities within Delaware and this Judicial District. On
information and belief, ClearOne has purposefully availed itself of the rights and benefits of
Delaware law and has engaged in systematic and continuous contacts with Delaware. On
information and belief, ClearOne derives substantial revenue from the sale of infringing products
and/or services in Delaware and has availed itself of the privilege of conducting business within
Delaware.
9. On information and belief, personal jurisdiction is proper because ClearOne has
committed acts of infringement in this Judicial District. This Court has personal jurisdiction
over ClearOne because, inter alia, this action arises at least in part from activities ClearOne
directed towards Delaware.
10. On information and belief, ClearOne has appointed a registered agent in Delaware
at Capitol Services, Inc., 1675 S. State Street, Ste. B, Dover, Delaware 19901.
11. Exercising personal jurisdiction over ClearOne in this District would not be
unreasonable given ClearOne’s contacts in this District, the interest in this District of resolving
disputes related to products and/or services sold herein, and the harm that would occur to Shure
in this District.
12. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
§§ 1331 and 1338(a) as to the claims arising under federal law, and has supplemental jurisdiction
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pursuant to 28 U.S.C. § 1367 as to the claims arising under state law because they form part of
the same case and controversy as the claims arising under federal law.
13. Venue is proper under 28 U.S.C. §§ 1391(b) and 1391(c) because the Court has
personal jurisdiction over ClearOne in Delaware and ClearOne resides in Delaware. Venue is
proper under 28 U.S.C. § 1400(b) because ClearOne is in incorporated in Delaware and thus
resides in this Judicial District, and because, on information and belief, infringing activity has
occurred and continues to occur in this Judicial District.
FACTUAL BACKGROUND
14. Shure has been a pioneer in the audio electronics industry since its founding in
1925. From its beginnings as a one-man company selling AM radio kits and components, Shure
has grown to become the worldwide standard-bearer for superior and reliable professional audio
equipment, including microphones, earphones, headphones, monitoring equipment, conference
room equipment, mixing equipment, software, and more.
15. With respect to at least some of the products Shure sells, ClearOne is a direct
competitor of Shure. Since 2017, ClearOne and Shure have been engaged in litigation involving
several patents and competing products in the Northern District of Illinois and the District of
Utah, as well as before the Patent Trial and Appeal Board (“PTAB”).
16. On February 9, 2016, Shure publicly announced its Microflex Advance portfolio
of networked conferencing products, offering “elegant, versatile, and scalable solutions for A/V
conferencing spaces that require pristine speech intelligibility.” Exhibit B at 1. One of Shure’s
current products in this line, the MXA910, is a ceiling-mounted array microphone that performs
beamforming in a highly accurate and targeted manner, and provides a variety of flexible
mounting options while preserving room aesthetics. To protect the innovative technologies of
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this product, Shure filed, among other patent applications, U.S. Patent Application No.
14/701,376 (the “’376 application”) with the United States Patent and Trademark Office
(“USPTO”) on April 30, 2015. The ’376 application subsequently issued as the ’493 Patent to
Mathew T. Abraham et al., on February 7, 2017. The ’493 Patent is titled “Array Microphone
System and Method of Assembling the Same.” A true and accurate copy of the ’493 Patent is
attached as Exhibit A. To protect the innovative design of this product, Shure filed, among other
design patent applications, U.S. Patent Application No. 29/700,875 (the “’875 application”) with
the USPTO on August 6, 2019. The ’875 application claims priority through intermediate
applications to the ’376 application. The ’875 application subsequently issued as the ’723 Patent
to Elizabeth A. Cho et al., on November 5, 2019. The ’723 Patent is titled “Array Microphone
Assembly.” A true and accurate copy of the ’723 Patent is attached as Exhibit G.
17. Shure is the owner and assignee of all rights, title, and interest in the ’493 Patent
and the ’723 Patent, and holds the right to sue and recover damages and lost profits for
infringement thereof, including current and past infringement.
18. ClearOne has had knowledge of the ’493 Patent since before the filing of this
Complaint. For example, ClearOne filed a petition for inter partes review of the ’493 Patent on
February 15, 2019. That proceeding, Case IPR2019-00683, is ongoing. Even earlier, ClearOne
submitted an Information Disclosure Statement on July 19, 2017, during prosecution of
ClearOne’s U.S. Patent Application No. 14/475,849, affirmatively identifying the ’493 Patent.
19. Despite its knowledge of the ’493 Patent, ClearOne released its BMA CT product
in 2019, which it marketed as a ceiling tile beamforming microphone array. According to
ClearOne’s website, ClearOne announced on February 25, 2019 that it had begun shipments of
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the BMA CT. In doing so, ClearOne adopted technologies developed and implemented by Shure
in the MXA910 product and patented in the ’493 Patent.
20. In addition to incorporating Shure’s patented technology in its BMA CT product,
ClearOne also attempted to mislead Shure’s customers as to the availability, legitimacy, and
viability of Shure’s MXA910 product based on the ongoing litigation between the parties. Since
at least March 2019, ClearOne’s communications with more than a dozen installers and
integrators included false and misleading statements as to the status and alleged outcome of the
parties’ ongoing litigation. On information and belief, these statements were made by at least
John Schnibbe, a Regional Sales Manager for ClearOne, and were made to customers such as
installers and integrators of conferencing equipment. For example, ClearOne has falsely and
with bad faith stated, inter alia, that Shure’s MXA910 has been found to infringe ClearOne’s
patents, that two separate court rulings found that the MXA910 infringed ClearOne’s patents,
that such rulings were “unanimous,” that ClearOne had “won” its lawsuit against Shure, that the
MXA910 will soon be unavailable, that Shure will soon have to stop selling the MXA910, that
Shure was then unable to sell MXA910 products, and that integrators, installers, and/or end users
will need to tear or rip out existing installations of the MXA910. These statements are all
factually false and, on information and belief, were intentionally misleading and were made in
bad faith, and with the intent to induce customers to refrain from purchasing MXA910 products.
These false and deceptive statements harmed Shure’s business by purposefully deceiving buyers
and potential buyers of the MXA910 product, and discouraging purchases of the MXA910, as
well as other Shure products.
21. ClearOne has also attempted to mislead customers, including installers and
integrators, through written communications. For example, ClearOne’s Senior Vice President of
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Finance, Narsi Narayanan, issued a letter to customers dated August 29, 2019, that purported to
summarize the effect of a preliminary injunction order that issued in the parties’ parallel N.D. Ill.
litigation. ClearOne’s letter includes the following intentionally false and misleading statements:
The Court’s infringement analysis applies equally to third parties such as

integrators and consultants. If Shure is likely infringing the ’806 Patent by
manufacturing, marketing, and selling the MXA910 product to be used in a drop-
ceiling mounting configuration, then third-party integrators are also likely
infringing the ’806 Patent if they install the MXA910 product in a drop-ceiling
mounting configuration, and third-party consultants are likely inducing
infringement if they recommend installation of the MXA910 product in a drop-
ceiling mounting configuration.
Please be aware that it is likely an act of infringement to install a Shure MXA910

product (Model Nos. MXA910B, MXA910W, MXA910AL, MXA910B-60CM,
MXA910W-60CM, and MXA910AL-60CM) in a drop-ceiling mounting
configuration. This is so regardless of when, or how, the installing company
received the MXA910 that it installs. Please also be aware that a finding of willful
patent infringement may result in the infringer having to pay treble damages
pursuant to 35 U.S.C. § 284.
22. These statements are false and misleading for many reasons. For example, it is
not true that all “drop-ceiling mounting configuration[s]” of the MXA910 are preliminarily
enjoined. There is no dispute, for example, that when the MXA910 is mounted to a drop-ceiling
tile or other structure, such that the microphones of the MXA910 are not in the drop space (i.e.,
they are below the track of the drop ceiling), there is no infringement. Customers are free to
install the MXA910 in this manner, and sometimes do, yet ClearOne’s letter falsely suggests that
such a use of the MXA910 is infringing and forbidden. The falsity of ClearOne’s statements in
this regard is not disputable and is not a matter of interpretation of the preliminary injunction
order. By misleading customers to think that they are at risk of infringement liability, and
possibly “willful” infringement which may lead to “treble damages,” ClearOne intentionally and
with bad faith attempted to mislead customers into ceasing purchases of the MXA910 and
instead purchasing ClearOne’s products.
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23. As another example, ClearOne’s threat of “infringement” liability for customers is
highly misleading and false. In ClearOne’s operative pleading in the first N.D. Ill. action,
ClearOne asserts both direct and indirect infringement, including allegations that Shure is liable
for infringement by “customers.” Shure Inc. v. ClearOne, Inc., No. 1:17-cv-03078, Dkt. 430
¶¶ 46, 59 (N.D. Ill. Oct. 30, 2018). ClearOne is thus attempting to hold Shure wholly liable for
alleged infringement by customers. ClearOne’s allegations will either be proven incorrect or
correct, but in either scenario Shure’s customers themselves will not be liable. By intentionally
misleading customers into thinking that they will be held liable for “infringement,” and possibly
“willful” infringement with treble damages, ClearOne again misrepresents facts to customers and
evidences its bad faith behind such communications.
24. Additionally, ClearOne’s letter falsely misleads customers into thinking that there
is no permissible use of the MXA910. This is because ClearOne intentionally and in bad faith
omitted from its letter the several and significant noninfringing uses of the MXA910. Again,
there is no dispute about these noninfringing uses. ClearOne itself asserts them in the first N.D.
Ill. suit. According to ClearOne, “Shure’s MXA910 has multiple mounting options” and “even
if Shure is unable to manufacture or sell the MXA910 in a way that allows it to be installed in a
drop-ceiling mounting configuration, Shure will be able to continue to sell MXA910s for use in
other configurations.” Shure Inc. v. ClearOne, Inc., No. 1:17-cv-03078, Dkt. 567 at 6 (N.D. Ill.
Aug. 7, 2019). Despite making these admissions in the first N.D. Ill. suit on August 7, 2019,
ClearOne omitted any reference to these non-infringing uses of the MXA910 in its August 29,
2019 letter. Instead, ClearOne’s letter was designed to mislead customers into believing that
there is no non-infringing use of the MXA910, and that installing the MXA910 will lead to
infringement liability.
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25. Further, ClearOne’s letter falsely and misleadingly tells customers that they may
not install the MXA910 in a drop-ceiling mounting configuration “regardless of when, or how,
the installing company received the MXA910 that it installs.” This is false and misleading for at
least two reasons. First, the preliminary injunction order does not apply to exterritorial uses of
the MXA910, as ClearOne knows, and in fact conceded in the first N.D. Ill. suit. Customers
reading the letter would falsely be misled to understand that they may not install the MXA910
outside of the United States. Further, the preliminary injunction specifically allowed that “Shure
customers that have already installed the MXA910 in a drop-ceiling mounting configuration
shall be permitted to continue using their MXA910s in that way, and Shure will be able to
continue servicing those already-installed products.” Shure Inc. v. ClearOne, Inc., No. 1:17-cv-
03078, Dkt. 551 at 64 (N.D. Ill. Aug. 5, 2019). It was false and misleading for ClearOne to omit
this specific carve-out from the preliminary injunction in its August 29, 2019 letter.
FIRST CAUSE OF ACTION
INFRINGEMENT OF U.S. PATENT NO. 9,565,493
26. Shure realleges and incorporates by reference the foregoing paragraphs as though
fully restated herein.
27. The ’493 Patent is valid and enforceable.
28. The ’493 Patent addresses significant problems when deploying microphones in a
conference room setting and in other environments with background noise or multiple noise
sources. The ’493 Patent explains that existing technologies suffered from drawbacks, including
picking up unwanted sound from nearby noise sources, detecting sound from more than one
direction, and mounting complex installations to a ceiling. Exhibit A, ’493 Patent at 1:15-63.
The ’493 Patent addresses these problems by, inter alia, providing an array microphone that is
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“unobtrusive, easy to install into an existing environment, and can enable the adjustment of the
microphone array to optimally detect sounds from an audio source, e.g., a human speaker, and
reject unwanted noise and reflections.” Id. at 1:64-2:3.
29. Claim 17 of the ’493 Patent recites:
17. A microphone assembly comprising:
an array microphone comprising a plurality of microphones; and
a housing configured to support the array microphone, the housing

being sized and shaped to be mountable in a drop ceiling in
place of at least one of a plurality of ceiling tiles included
in the drop ceiling,
wherein a front face of the housing includes a sound-permeable

screen having a size and shape that is substantially similar
to the at least one of the plurality of ceiling tiles.
30. ClearOne, in violation of 35 U.S.C. § 271, has infringed and continues to infringe
at least claims 17-20 and 23-27 of the ’493 Patent by making, using, offering to sell, selling,
and/or importing beamforming microphone arrays in the United States, including but not limited
to, the BMA CT product, without authority, either individually and/or jointly with its customers
using the BMA CT product. For example, the BMA CT product infringes each and every
element of at least claims 17-20 and 23-27 of the ’493 Patent, either literally and/or under the
doctrine of equivalents.1
31. Upon information and belief, ClearOne has distributed and continually distributes
the BMA CT product through established distribution channels throughout the United States,
including, but not limited to ClearOne’s own sales network.
1
Claims 17-20 and 23-27 are identified in this Complaint solely to provide an exemplary basis of
ClearOne’s infringement of the ’493 Patent. This listing of claims is by no means limiting, and
Shure retains all rights to supplement and/or amend its listing of asserted claims during this
action.
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32. ClearOne’s acts with respect to the BMA CT product have been without license
or authority from Shure with respect to the ’493 Patent. As indicated below, ClearOne directly
infringes the ’493 Patent under 35 U.S.C. § 271(a) by making, using, offering to sell, selling,
and/or importing the BMA CT in the United States.
33. The BMA CT comprises a microphone assembly as recited in claim 17 of the
’493 Patent. For example, ClearOne’s literature confirms:
BMA CT, Quick-Start Guide (Rev. 2.4, Mar. 2019) at 2 (Exhibit C).
BMA CT, Datasheet (Rev. 2.0, 2019) at 1 (Exhibit D).
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BMA CT Specifications, http://www.clearone.com/bma-ct (Exhibit E).
34. The BMA CT includes an array microphone comprising a plurality of
microphones as recited in claim 17 of the ’493 Patent. For example:
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BMA CT Product Overview, http://www.clearone.com/bma-ct (Exhibit F).
35. The BMA CT includes a housing configured to support the array microphone, the
housing being sized and shaped to be mountable in a drop ceiling in place of at least one of a
plurality of ceiling tiles included in the drop ceiling as recited in claim 17 of the ’493 Patent. For
example:
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36. The housing of the BMA CT includes a front face with a sound-permeable screen
having a size and shape that is substantially similar to the at least one of the plurality of ceiling
tiles as recited in claim 17 of the ’493 Patent. For example:
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37. In violation of 35 U.S.C. § 271(b), ClearOne actively and knowingly induces
third-party retailers, distributors, integrators, installers, and end-users of the BMA CT product to
directly infringe claims 17-20 and 23-27 of the ’493 Patent. ClearOne induces infringement, at
least, by knowingly selling the BMA CT product with the intent that its customers directly
infringe the ’493 Patent through sales and use of the BMA CT product in the United States. As
discussed above, ClearOne has been aware of the ’493 Patent since before this Complaint was
filed, and on information and belief knows that the BMA CT infringes at least claims 17-20 and
23-27 of the ’493 Patent.
38. ClearOne has contributed to the infringement of, and continues to contribute to
the infringement of, one or more claims of the ’493 Patent under 35 U.S.C. § 271(c), either
literally and/or under the doctrine of equivalents, by selling, offering to sell, and/or importing
within or into the United States the BMA CT product. These instrumentalities constitute a
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material part of the invention of the ’493 Patent, are known by ClearOne to be especially made
or adapted for use in infringing the ’493 Patent, and are not a staple article or commodity of
commerce suitable for substantial noninfringing use.
39. Despite ClearOne’s knowledge of the ’493 Patent and knowledge of its infringing
activities, ClearOne has and continues to willfully and deliberately infringe one or more claims
of the ’493 Patent by continuing to manufacture, use, sell, offer for sale, and/or import the BMA
CT product in the United States. As the above summary of ClearOne’s infringement of claim 17
of the ’493 Patent makes clear, ClearOne’s infringement is obvious and notorious. On
information and belief, ClearOne has no good faith basis that the BMA CT does not infringe the
’493 Patent. ClearOne’s decision to challenge the ’493 Patent in inter partes review, as noted
above, further underscores its knowledge that it infringes the ’493 Patent. This willful
infringement, without regard for Shure’s lawful patent rights, constitutes egregious and wanton
conduct sufficient to establish willful infringement under 35 U.S.C. § 284.
40. By reason of the ongoing and continuous infringement by ClearOne of the ’493
Patent, Shure is entitled to the entry of a permanent injunction, enjoining ClearOne from further
infringing of Shure’s patent rights, pursuant to 35 U.S.C. § 283.
41. Shure has suffered, and is continuing to suffer, damages as a result of ClearOne’s
infringement of the ’493 Patent, and Shure is entitled to compensation and other monetary relief
to the fullest extent allowed by law, including attorneys’ fees, pursuant to 35 U.S.C. §§ 284 and
285.
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SECOND CAUSE OF ACTION
FALSE ADVERTISING UNDER THE LANHAM ACT
43. As described above, on information and belief, ClearOne through one or more of
its officers, directors, agents, servants, employees, licensees, and/or persons acting in concert or
active participation with ClearOne or on its behalf, including but not limited to John Schnibbe,
engaged in false, deceptive and/or misleading advertising and promotion to Shure’s customers
and potential customers related to Shure’s products, including at least installers and integrators of
conferencing equipment. On information and belief, this advertising and promotion was
conducted in bad faith and included at least false representations that Shure’s MXA910 has been
found to infringe ClearOne’s patents, that two separate court rulings found that the MXA910
infringed ClearOne’s patents, that such rulings were “unanimous,” that ClearOne had “won” its
lawsuit against Shure, that the MXA910 will soon be unavailable, that Shure will soon have to
stop selling the MXA910, that Shure was then unable to sell MXA910 products, and that
integrators, installers and/or end users will need to tear or rip out existing installations of the
MXA910.
44. These false and misleading statements were made by ClearOne in connection with
goods and services, including in connection with the MXA910 and the BMA CT. Both products
are sold in interstate commerce in the United States.
45. On information and belief, ClearOne’s false, deceptive, and/or misleading
advertising and promotion has caused injury to Shure in the form of lost sales, commercial
interest, loss of reputation, lost employee time, and legal expenses.
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46. On information and belief, Shure’s injuries flowed directly from the deception
wrought by ClearOne’s false, deceptive, and/or misleading advertising and promotion. On
information and belief, Shure’s customers and potential customers withheld purchasing products
and services from Shure, including purchases of the MXA910, based on ClearOne’s statements.
47. ClearOne’s acts alleged herein constitute false advertising in violation of Section
43(a)(1)(B) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B).
48. As a direct, proximate, and foreseeable result of ClearOne’s actions, Shure has
suffered, and unless ClearOne’s actions are enjoined by this Court, will continue to suffer,
irreparable harm.
49. As a direct and proximate result of ClearOne’s conduct, Shure has suffered and
will continue to suffer damages in an amount to be proved at trial.
THIRD CAUSE OF ACTION
VIOLATION OF DELAWARE DECEPTIVE TRADE PRACTICES ACT
51. On information and belief, ClearOne through one or more of its officers,
directors, agents, servants, employees, licensees, and/or persons acting in concert or active
participation with ClearOne or on its behalf, including but not limited to John Schnibbe and
Narsi Narayanan, made false, deceptive and/or misleading statements to Shure’s customers and
potential customers related to Shure’s products, including at least installers and integrators of
conferencing equipment. On information and belief, these statements were made in bad faith,
and include at least false representations that Shure’s MXA910 has been found to infringe
ClearOne’s patents, that two separate court rulings found that the MXA910 infringed ClearOne’s
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patents, that such rulings were “unanimous,” that ClearOne had “won” its lawsuit against Shure,
that the MXA910 will soon be unavailable, that Shure will soon have to stop selling the
MXA910, that Shure was then unable to sell MXA910 products, and that integrators, installers
and/or end users will need to tear or rip out existing installations of the MXA910. These false
statements made in bad faith also include misrepresentations of fact and omissions of material
facts in the August 29, 2019 letter from Narsi Narayanan to customers of ClearOne and Shure, as
set forth above.
conduct led to injury to Shure by deceiving or having the tendency to deceive customers from
engaging in business with Shure, reducing Shure’s commercial interest, harming its reputation,
and causing lost sales. ClearOne’s deceptive statements were material to customers’ purchasing
decisions, by design, because they addressed the availability, legitimacy, and viability of the
MXA910 to Shure’s customers and potential customers.
53. On information and belief, Shure’s injuries flow directly from the deception
wrought by ClearOne’s false, deceptive, and/or misleading statements. On information and
belief Shure’s customers and potential customers have withheld purchasing products and
services from Shure, including purchases of the MXA910 based on ClearOne’s statements.
54. ClearOne’s acts alleged herein constitute unfair competition in violation of the
Delaware Deceptive Trade Practices Act, 6 Del. C. § 2532. For example, ClearOne’s false and
misleading statements violate at least 6 Del. C. § 2532(a)(2), (5), (8), and (12).
55. As a direct, proximate, and foreseeable result of ClearOne’s actions, Shure has
irreparable harm.
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will continue to suffer damages in an amount to be proved at trial, and Shure is entitled to
compensation and other monetary relief to the fullest extent allowed by law, pursuant to
6 Del. C. § 2533(a), including attorneys’ fees, costs, and enhanced damages under 6 Del. C.
§ 2533(b), (c).
FOURTH CAUSE OF ACTION
TORTIOUS INTERFERENCE WITH BUSINESS RELATIONS
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set forth above.
59. On information and belief, Shure had reasonable probabilities of new and
continuing business opportunities with its customers, which were deterred and interfered with by
ClearOne’s false, deceptive, and/or misleading statements. As described above, ClearOne’s
conduct has caused Shure customers to withhold trade with Shure involving the MXA910.
statements were intentional and directed to harm Shure’s business opportunities with current and
potential customers. The false, deceptive, and/or misleading statements by ClearOne are the
cause of the interference with Shure’s business relationships with customers.
statements led to a likelihood of, and realization of, actual damages to Shure in the form of lost
sales, commercial interest, loss of reputation, lost employee time, and legal expenses.
62. ClearOne’s acts alleged herein constitute tortious interference with business
relations under Delaware law. As a direct, proximate, and foreseeable result of ClearOne’s
actions, Shure has suffered, and unless ClearOne’s actions are enjoined by this Court, will
continue to suffer, irreparable harm.
FIFTH CAUSE OF ACTION
UNFAIR COMPETITION UNDER DELAWARE COMMON LAW
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set forth above.
66. On information and belief, Shure had reasonable expectancies of entering valid
business relationships with installers and integrators, with which ClearOne wrongfully interfered
and continues to interfere, and ClearOne has thereby defeated and continues to attempt to defeat
Shure’s legitimate expectancies, thus causing Shure harm. ClearOne’s wrongful interference
includes the false, deceptive, and/or misleading statements described above. ClearOne’s conduct
has caused Shure customers to withhold trade with Shure involving the MXA910.
statements were intentional and directed to harm Shure’s business expectancies with current and
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potential customers. The false, deceptive, and/or misleading statements by ClearOne are the
cause of the interference with Shure’s legitimate expectancies.
statements led to a likelihood of, and realization of, actual damages to Shure in the form of lost
sales, commercial interest, loss of reputation, lost employee time, and legal expenses.
69. ClearOne’s acts alleged herein constitute unfair competition under Delaware
common law. As a direct, proximate, and foreseeable result of ClearOne’s actions, Shure has
irreparable harm.
SIXTH CAUSE OF ACTION
INFRINGEMENT OF U.S. PATENT NO. D865723
72. The ’723 Patent is valid and enforceable.
73. The ’723 Patent claims a new, original, and ornamental design for Array
Microphone Assembly, as shown in the figures of the patent, reproduced below, as shown in
Exhibit G, with the broken lines of even length shown in the figures forming no part of the
claimed design:
-24-
ME1 32007356v.1
Fig. 1, Front, top, right perspective view Fig. 2., Rear, bottom, left perspective view
Fig. 3, Top plan view Fig. 4, Bottom plan view
Fig. 5, Front view Fig. 6, Left side view
74. The BMA CT comprises the following design for an array microphone assembly:
-25-
ME1 32007356v.1
Front, top, left perspective view of BMA CT, Rear, bottom, left perspective view of BMA
BMA CT, Quick-Start Guide (Rev. 2.4, Mar. CT, BMA CT, Quick-Start Guide (Rev. 2.4,
2019) at 1 (Exhibit C). Mar. 2019) at 14 (Exhibit C).
Top plan view of BMA CT, BMA CT, Datasheet Bottom, rear, left perspective view of BMA
(Rev. 2.0, 2019) at 1 (Exhibit D). CT, BMA CT, Quick-Start Guide (Rev. 2.4,
Mar. 2019) at 11 (Exhibit C).
-26-
ME1 32007356v.1
Bottom view of BMA CT, BMA CT, Quick- Left side view of BMA CT, BMA CT,
Start Guide (Rev. 2.4, Mar. 2019) at 14 (Exhibit Quick-Start Guide (Rev. 2.4, Mar. 2019) at
C). 14 (Exhibit C).
75. In the eye of the ordinary observer familiar with the relevant prior art, giving such
attention as a purchaser of the BMA CT would usually give, the claimed design of the ’723
Patent and the design of ClearOne’s BMA CT product are substantially the same, such that the
ordinary observer would be deceived into believing that the design of BMA CT product is the
design claimed in the ’723 Patent.
76. ClearOne, in violation of 35 U.S.C. § 271, has directly infringed the ’723 Patent
by making, offering for sale, selling, and/or importing BMA CT product in the United States.
77. Upon information and belief, ClearOne has distributed and continually distributes
the BMA CT product through established distribution channels throughout the United States,
including, but not limited to ClearOne’s own sales network.
78. ClearOne’s acts with respect to the BMA CT product have been without license
or authority from Shure with respect to the ’723 Patent.
79. ClearOne, in violation of 35 U.S.C. § 289, has directly infringed and continues to
infringe the ’723 Patent by applying the patented design of the ’723 Patent, or a colorable
imitation thereof, to an article of manufacture, including BMA CT product, for the purpose of
sale and/or by selling, offering, or exposing for sale an article of manufacture, including the
BMA CT product, to which the patented design of the ’723 Patent or a colorable imitation
thereof has been applied.
-27-
ME1 32007356v.1
80. By reason of the ongoing and continuous infringement by ClearOne of the ’723
Patent, Shure is entitled to the entry of a permanent injunction, enjoining ClearOne from further
infringement of Shure’s design patent rights, pursuant to 35 U.S.C. § 283.
81. Shure has suffered, and is continuing to suffer, damages as a result of ClearOne’s
infringement of the ’723 Patent, and Shure is entitled to compensation and other monetary relief
to the fullest extent allowed by law, including attorneys’ fees, pursuant to 35 U.S.C. §§ 284 and
285.
PRAYER FOR RELIEF
WHEREFORE, Shure respectfully requests the following relief:
(a) A judgement against ClearOne as to infringement of claims 17-20 and 23-27 of
the ’493 Patent;
(b) A judgement against ClearOne as to the infringement of the claimed design of the
’723 Patent;
(c) Preliminary and permanent injunctions under 35 U.S.C. § 283, enjoining
ClearOne and its officers, directors, agents, servants, affiliates, employees, subsidiaries, parents,
licensees, assigns, and customers, and all others acting in concert or participation with them,
from further acts of infringing, inducing infringement, and/or contributing to the infringement of
the ’493 Patent and from further acts of infringing the ’723 Patent;
(d) A judgment against ClearOne for money damages sustained as a result of
ClearOne’s infringement of the ’493 Patent in an amount to be determined at trial as provided
under 35 U.S.C. § 284, including enhanced damages due to, for example, ClearOne’s willful
infringement of the ’493 Patent;
-28-
ME1 32007356v.1
(e) A judgement against ClearOne for ClearOne’s total profits of any article of
manufacture to which the claimed design of the ’723 Patent has been applied as a result of
ClearOne’s infringement of the ’723 Patent in an amount to be determined at trial as provided
under 35 U.S.C § 289 and for money damages sustained as a result of ClearOne’s infringement
of the ’723 Patent in an amount to be determined at trial as provided under 35 U.S.C. § 284,
whichever is greater;
(f) An accounting for infringing sales not presented at trial and an award by the Court
of additional damages for any such infringing sales;
(g) An award of pre-judgment and post-judgment interest on the damages caused by
ClearOne’s infringing activities and other conduct complained of herein;
(h) A finding that this case is an exceptional case under 35 U.S.C. § 285;
(i) An award of reasonable attorneys’ fees and costs incurred in connection with this
action;
(j) A judgment against ClearOne for money damages sustained as a result of
ClearOne’s violation of 15 U.S.C. § 1125(a)(1)(B), in an amount to be determined at trial;
(k) Preliminary and permanent injunctions enjoining ClearOne and its officers,
directors, agents, servants, affiliates, employees, subsidiaries, parents, licensees, assigns, and
customers, and all others acting in concert or participation with them, from further acts in
violation of 15 U.S.C. § 1125(a)(1)(B);
(l) A judgment against ClearOne for money damages, pursuant to 6 Del. C. §§ 2532,
2533, sustained as a result of ClearOne’s violation of the Delaware Deceptive Trade Practices
Act, 6 Del. C. § 2532, in an amount to be determined at trial;
-29-
ME1 32007356v.1
(m) Preliminary and permanent injunctions, pursuant to 6 Del. C. § 2533, enjoining
ClearOne and its officers, directors, agents, servants, affiliates, employees, subsidiaries, parents,
licensees, assigns, and customers, and all others acting in concert or participation with them,
from further acts in violation of 6 Del. C. § 2532;
(n) An award of attorneys’ fees, costs, and enhanced damages under 6 Del. C.
§ 2533(b), (c) based on ClearOne’s violation of 6 Del. C. § 2532;
(o) A judgment against ClearOne for money damages sustained as a result of
ClearOne’s violation of the common law tort of interference with business relations, in an
amount to be determined at trial;
(p) Preliminary and permanent injunctions enjoining ClearOne and its officers,
customers, and all others acting in concert or participation with them, from further acts in
violation the common law tort of interference with business relations;
(q) A judgment against ClearOne for money damages sustained as a result of
ClearOne’s unfair competition under Delaware common law, in an amount to be determined at
trial;
(r) Preliminary and permanent injunctions enjoining ClearOne and its officers,
customers, and all others acting in concert or participation with them, from further unfair
competition under Delaware common law;
-30-
ME1 32007356v.1
(s) Any and all other relief as the Court finds just and proper.
DEMAND FOR JURY TRIAL
Shure hereby respectfully requests a trial by jury on all issues so triable in accordance
with Rule 38 of the Federal Rules of Civil Procedure.
Dated: November 19, 2019

McCARTER & ENGLISH, LLP
OF COUNSEL: /s/ Michael P. Kelly

Michael P. Kelly (#2295)
Gerald F. Ivey Brian R. Lemon (#4730)
Mareesa A. Frederick Alexandra M. Joyce (#6423)
FINNEGAN, HENDERSON, FARABOW, 405 N. King St., 8th Floor
GARRETT & DUNNER, LLP Wilmington, DE 19801
901 New York Avenue, N.W. (302) 984-6300
Washington, D.C. 20001-4413 mkelly@mccarter.com
(202) 408-4000 blemon@mccarter.com
ajoyce@mccarter.com
Elliot C. Cook
Alexander M. Boyer
Joseph M. Schaffner Counsel for Plaintiffs
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190-5675
(571) 203-2700
-31-
ME1 32007356v.1
Case 1:19-cv-01343-RGA-CJB Document 64-1 Filed 11/19/19 Page 1 of 79 PageID #: 2325
EXHIBIT A
EXHIBIT B
 
Shure Debuts CONTACT

RELATIONS
PUBLIC
Shure Incorporated
Micro ex® Advance™ Attn: Allison Dolegowski
Telephone: (312) 736 6000
Ceiling and Table publicrelations@shure.com
Array Microphones EMAIL SIGNUP
Sign up to receive periodic

February 9, 2016
updates on new products,
events, seminars and the
latest Shure news. Click
here to subscribe
NILES, Ill., Feb. 9, 2016—Today, at Integrated Systems
Europe (ISE) 2016, Shure Incorporated unveiled Microflex®
Advance™, a portfolio of premium networked ceiling and
table array microphones, audio interfaces, and control
software for enhanced A/V conferencing that integrate
seamlessly to a premium meeting space aesthetic. Shure
Microflex Advance offers elegant, versatile, and scalable
solutions for A/V conferencing spaces that require pristine
speech intelligibility.
With the ability to flush-mount the Microflex Advance
Ceiling Array alongside standard ceiling tiles, and the
innovative new-to-the-world “toroid” polar pattern in the
Microflex Advance Table Array, Microflex Advance
microphones offer a dynamic package of technologies to
ensure a best-in-class audio experience. Microflex Advance
also presents an enhanced evolution of the Company’s

industry-leading IntelliMix® Digital Signal Processing
Suite, including Steerable Coverage™ technology, enabling

 
incredibly accurate control of audio capture in any location
of a meeting space. Lastly, Microflex Advance Array
Microphones use the Dante™ Audio Networking protocol,
with all control, audio, and power signals carried through a
single standard Ethernet cable connection.
“Microflex Advance is unique because it combines the deep
roots of expertise Shure has demonstrated in both the
acoustic and digital signal processing domains,” said Rob
Klegon, Associate Manager, Global Product Management at
Shure. “However, in building this system we knew we had
to go beyond pure technical innovation to meet the needs
of today’s corporate environments. As a result, each
feature of Microflex Advance is engineered to provide best-
in-class performance, from the acoustics and digital signal
processing, to the usability and aesthetic design.”
The Microflex Advance Ceiling Array is a premium
networked array microphone that captures best-in-class
audio from above the meeting space with Shure
proprietary Steerable Coverage technology, enabling up to
eight lobes that are configurable in three dimensions.
Designed for A/V conferencing environments—from
boardrooms to huddle rooms and multi-purpose spaces—

the Microflex Advance Ceiling Array microphone can be
flush-mounted in any standard ceiling tile grid. In addition,

 
the Ceiling Array can also be installed below the ceiling
with standard VESA-D and wire hanging mounts.
The Microflex Advance Table Array captures high-quality
audio and provides flexibility in varying A/V conferencing
environments. Within the onboard IntelliMix DSP Suite, the
Company’s proprietary Steerable Coverage technology
deploys up to four discrete audio channels around a table
and uses an innovative new “toroid” ring-shaped pattern to
reject unwanted artifacts from overhead such as HVAC or
projector fans. Programmable capacitive-touch mute
switches ensure simple user operation with the ability to
customize LED color and shape to indicate microphone
status.
Offering easy and efficient analog to digital/digital to
analog conversion, the four Shure Audio Network
Interfaces provide seamless audio routing in and out of the
Dante networked audio domain. Available in standard XLR
(mic/line) and block (mic/line) connector versions that
include LED and Mute switch pins for logic-enabled analog
microphones. All Audio Network Interfaces include a single
Ethernet port for easy Dante Audio routing and a browser-
based software for control of connectivity and monitoring.

All Microflex Advance hardware offerings feature built-in

 
control software, providing an intuitive interface to
simplify the process of adjusting microphone attributes—
such as configuration of presets, templates, and polar
patterns. Microflex Advance products also integrate easily
with third party controllers such as Crestron and AMX.
The entire Microflex Advance portfolio will be available
later this year. For more information, go to www.shure.com
or visit the Shure stand (#3-C90) at ISE 2016.
SIGN UP F OR OUR NEWSLET TER

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 
EXHIBIT C
43-RGA-CJB Document 64-1 Filed 11/19/19 Page 32 of 7
BMA CT
Beamforming Mic Array - Ceiling-Tile
Quick-Start Guide
Table of Contents
IMPORTANT SAFETY INSTRUCTIONS.......................................... 1
THE BMA CT................................................................................... 2
QUICK-START OVERVIEW............................................................. 3
CONNECTING THE ARRAYS......................................................... 4
I/O Connections............................................................................... 4
P-Link Connections........................................................................... 6
UPDATING ARRAY FIRMWARE..................................................... 8
TESTING THE ARRAYS.................................................................. 8
Volume & Mute................................................................................. 8
Microphone Array LED Indicators.................................................... 8
Microphone Array Orientation.......................................................... 9
MOUNTING THE ARRAYS............................................................ 10
Plenum Shield with Seismic Cables.................................................. 10
Plenum Shield Installation.............................................................. 11
Seismic Cables................................................................................ 12
COMPLIANCE............................................................................... 13
Part Numbers................................................................................. 13
Supported CONVERGE Pro 2....................................................... 13
ISOMETRIC DIAGRAMS.............................................................. 14
SUPPORTED CONVERGE PRO 2................................................ 15
43-RGA-CJB Document 64-1 FiledQUICK-START GUIDE
11/19/19 Page 34 of 7
IMPORTANT SAFETY INSTRUCTIONS
1. Read these instructions.
2. Keep these instructions.
3. Heed all warnings.
4. Follow all instructions.
5. Do not use this apparatus near water.
6. Clean only with dry cloth.
7. Do not block any ventilation openings. Install in accordance with the
manufacturer’s instructions.
8. Do not install near any heat sources such as radiators, heat registers,
stoves, or other apparatus (including amplifiers) that produce heat.
9. Do not defeat the safety purpose of the polarized or grounding-type
plug. A polarized plug has two blades with one wider than the other. A
grounding type plug has two blades and a third grounding prong. The
wide blade or the third prong are provided for your safety. If the provided
plug does not fit into your outlet, consult an electrician for replacement of
the obsolete outlet.
10. Protect the PoE injector’s power cord from being walked on or pinched
particularly at plugs, convenience receptacles, and the point where they
exit from the apparatus.
11. Only use attachments/accessories specified by the manufacturer.
12. Unplug the array during lightning storms or when unused
for long periods of time.
13. Refer all servicing to qualified service
personnel. Servicing is required when the
apparatus has been damaged in any way, such as power-
supply cord or plug is damaged, liquid has been spilled or
objects have fallen into the apparatus, the apparatus has been exposed to
rain or moisture, does not operate normally, or has been dropped.
1
BMA CT
THE BMA CT
The BMA CT is a 2nd-generation Beamforming Microphone Array
solution for ceiling-tile installations, featuring 24 microphones, and
beamforming and adaptive-steering technology (think of it as smart
beam selection) designed specifically for the CONVERGE® Pro 2 (CP2)
products: 128, 128D, 128T, 128TD, 128V, 128VD, 128VT, 128VTD, 120,
, 48T, 48VT, 48VTD, and 48V. The arrays connect with the CONVERGE
Pro 2 through a Peripheral Link (P-Link) port with either Regular (200 ft.)
or Long Distance (650 ft.) P-Link cables. Three arrays are supported per
CP2 via either regular or long-distance P-Link, and up to 6 arrays can be
daisy-chained in one regular P-Link chain with a stack of two CP2 mixers.
Power to the arrays is supplied through a Power-Over-Ethernet (PoE)
or P-Link connection from CP2. The array comes in both a 24-inch and
600mm size. There is also an adapter that converts the 600mm version
to 625mm.
IMPORTANT: The BMA CT arrays can only be used with CP2
systems. It is not compatible with CONVERGE Pro or first-
generation Beamforming Mic Array systems.
The latest version of the CP2 firmware and software can be found on the
ClearOne website at:
http://www.clearone.com/resource-product-line?pid=1029
The latest version of the BMA CT firmware and Installation Guide can be
found on the ClearOne website at:
2
11/19/19 Page 36 of 7
QUICK-START OVERVIEW
Installing and using the BMA CT arrays in your CP2 site is subject to the
following parameters:
1. The arrays can only be used with CP2 systems.
2. You must have a 128, 128D, 128T, 128TD, 128V, 128VD, 128VT,
128VTD, 120, 48T, 48VT, 48VTD, and/or 48V. mixer in the site. The
arrays will not work with standalone 012, 128SR, or 128SRD units.
3. Connect up to 3 arrays (current) per CP2 unit, and up to 6 arrays
per Regular P-Link chain with 2 CP2 unit stack. More CP2 units may
be added to increase the number of arrays per site.
Quick-Start Procedures
These steps must be done in the following order to use the BMA CT in
your CONVERGE Pro 2 site:
1. Update the CONVERGE Pro 2 firmware to the latest version using
CONVERGE Pro 2 CONSOLE software.
2. Connect the array to the updated CONVERGE Pro 2 via the P-Link
bus.
3. Update the array firmware using CONVERGE Pro 2 CONSOLE.
(The array firmware can not be upgraded without an updated
CONVERGE Pro 2.)
4. Test the array.
5. Mount the array.
3
BMA CT
CONNECTING THE ARRAYS
Connect the BMA CT units to the CP2 unit via P-Link connections using
CAT6-24AWG solid conductor RJ45 cables.
I/O Connections
PoE P-Link P-Link
Speakers out In In Out
Power-source
selection switch
The arrays must be powered by an external PoE source that supports
Mode B type power delivery. (A PoE Network Switch generally will not
work for this.) A PoE injector can either be connected to P-Link PoE port
on the rack-mounted CP2 unit, or it can be connected directly to the ar-
ray’s PoE In port.
When driving 2x10W speakers, each array requires its own PoE injector.
When the PoE injector is connected to the CP2 unit’s P-Link PoE port, the
CP2 unit’s P-Link Out port will provide both power and data communica-
tions to the array. If the PoE injector is connected directly to the array PoE
In port, a second cable must be connected from the CP2 unit’s P-Link
Out port to the array P-Link In port. (Note that the CP2 unit itself does not
provide PoE power without an external PoE injector.)
4
11/19/19 Page 38 of 7
ClearOne PoE power supply part number 910-3200-202 is recom-
mended, and will power up to three P-Link devices. Some third-party PoE
injectors will work, but not all. Mode B PoE injectors that meet the PoE
IEEE 802.3at specification should power three devices.
See also this app note:
http://www.clearone.com/sites/default/files/PoE_and_CP2_P-link_Periph-
eral_Products.pdf
The power-source-selection switch should be set towards PoE if the array
is powered by PoE, or set towards P-Link if powered by P-Link.
Speaker Usage
When driving 2x10W speakers, each array requires its own PoE injector.
Set the “Power Select” switch to “PoE In” when the speaker outputs will
be used.
5
BMA CT
P-Link Connections
PoE
PoE
CONVERGE Pro 2 P-Link
(Power, Audio, Control)
2 x 10W
speakers
P-Link
PoE
Connecting 3 BMA CT units to one CP2 Unit.
P-Link cables can vary in length up to 200 ft

2 x 10W
BMA CT requires its own PoE (IEEE 802.3at-compliant) speakers
if speakers are driven
P-Link
PoE
2 x 10W
speakers
6
11/19/19 Page 40 of 7
PoE
CONVERGE Pro 2 P-Link

(Power, Audio, Control)
Up to 200 ft.
Connecting 3 BMA CT units and 3 P-Link P-Link

compatible devices to one CP2 unit. Up to 200 ft.
P-Link
Up to 200 ft.
P-Link
Up to 200 ft.
PoE
P-Link
Up to 200 ft.
7
BMA CT
UPDATING ARRAY FIRMWARE
1. Connect the P-Link cable between the CP2 units and the arrays.
2. Connect the CP2 units with CONVERGE Pro 2 CONSOLE.
3. Open the Firmware Loader screen.
4. Browse for the BMA_CT_vx.x.x.x.mdo file.
5. Download the array firmware.
6. The array(s) will default and reboot after the download of firmware.
7. Units are fully upgraded. (All array units connected via the P-Link on
the site are simultaneously updated.)
TESTING THE ARRAYS

The array must be added to the site using the CONVERGE Pro 2
CONSOLE software. This software also provides the capability of
configuring the beams (enable/disable) and other characteristics
available in Configuration mode. Refer to the online help available with
the CONVERGE Pro 2 CONSOLE software.
Volume & Mute
These controls are available through the controller configured for your
CONVERGE Pro 2 site.
Microphone Array LED Indicators
The illuminated LED indicators on the face of the array change color
when the microphone array is active/muted. You can choose colors to
indicate either state, or even set the indicators to remain off by using
CONVERGE Pro 2 CONSOLE to change Unit Properties for the array.
8
11/19/19 Page 42 of 7
Microphone Array Orientation
The LED indicators should be oriented in the room according to the
beam selection needs for optimal coverage. The diagrams below show
the orientation of the LED indicators toward the head of the conference
table with the resulting room coverage and beam mapping shown below.
Please be certain to remove the orientation label from the perforated
room panel before use.
9
BMA CT
MOUNTING THE ARRAYS
Plenum Shield with Seismic Cables
If installing both the plenum shield and seismic cables, four slots of
approximately 1” length should be cut diagonally in the plenum shielding
to match the points of seismic cable attachment. Otherwise, skip this step
and go to page 11 for installation of plenum shield only or page 12 for
isntallation of seismic cables only.
10
11/19/19 Page 44 of 7
Plenum Shield Installation
Remove the liner from adhesive in four places on underside of shielding,
and thread cables through cut slots before attaching to ceiling.
11
BMA CT
Seismic Cables Installation
The array can be ceiling-mounted in a suspended ceiling, held in place
by the standard T-BAR grid, with additional 1/8” safety (seismic) cables
(not included). Four attachment points are recommended for stability. If
installing with the plenum shield, feed cables thru slots cut in earlier step
(see Pg 10).
Detailed instructions are included in the BMA CT Installation Guide
available on the ClearOne website:
12
11/19/19 Page 46 of 7
COMPLIANCE
Details on compliance can be found on the ClearOne website under
“Resource Library”.
Part Numbers
Item Part No.
White BMA CT 24” 910-3200-205

White BMA CT 600mm 910-3200-205-I
PoE Power Supply Kit 910-3200-202
50 Ft RJ45 CAT6 Cable 910-3200-204-50
100 Ft RJ45 CAT6 Cable 910-3200-204-100
150 Ft RJ45 CAT6 Cable 910-3200-204-150
200 Ft RJ45 CAT6 Cable 910-3200-204-200
13
BMA CT
ISOMETRIC DIAGRAMS
side views
back view
14
43-RGA-CJB Document 64-1 FiledQUICK-START
Supported CONVERGE Pro 2
GUIDE
11/19/19 Page 48 of 7
Item Part No.
CONVERGE Pro 2 128 910-3200-001

CONVERGE Pro 2 128D 910-3200-001-D
CONVERGE Pro 2 128T 910-3200-002
CONVERGE Pro 2 128TD 910-3200-002-D

CONVERGE Pro 2 128V 910-3200-003
CONVERGE Pro 2 128VD 910-3200-003-D
CONVERGE Pro 2 128VT 910-3200-009
CONVERGE Pro 2 128VTD 910-3200-009-D
CONVERGE Pro 2 48T 910-3200-005
CONVERGE Pro 2 48V 910-3200-006
CONVERGE Pro 2 48VT 910-3200-008
CONVERGE Pro 2 48VTD 910-3200-008-D
CONVERGE Pro 2 120 910-3200-004
CLEARONE LOCATIONS
Headquarters: US & Canada Sales
Tel: 801.975.7200 Tel: 801.975.7200
5225 Wiley Post Way
Toll Free: 800.945.7730 e-mail: sales@clearone.com
Suite 500
Fax: 801.303.5711
Salt Lake City, UT 84116
TechSupport
Tel: 801.975.7200 International
Tel: 801.974.3760
Sales: 800.707.6994 Tel: +1.801.975.7200
e-mail: tech.support@clearone.
e-mail: global@clearone.com com
© 2019 ClearOne, Inc. All rights reserved.

15
Information in this document is subject to change without notice. QSG-0074-001 Rev 2.4 Mar 2019
EXHIBIT D
Beamforming Microphone Array | BMA CT
The BMA CT is a patented ceiling tile

beamforming mic array that blends in
perfectly with today’s drop ceilings.
Built in acoustic echo cancellation, noise

cancellation, and beam selection eliminate
the need for per-beam processing in a DSP
mixer — requiring fewer DSP mixer resources.
Built in 2x10 Watt into 8-ohm power amplifier

conveniently drives loudspeakers.
APPLICATIONS
Convenient Ceiling-Tile Flexible, Scalable, and Cost-Effective
Form Factor ++ Built-in processing eliminates the need for per-beam Boardrooms
processing in a DSP mixer — requiring fewer DSP mixer
++ Drops easily into standard ceiling-tile grid
systems resources
++ Integrated features significantly reduce ++ Daisy-chain ceiling tiles via P-Link for larger conference
system design complexity set-ups —
for simpler wiring and longer distances
Conference Rooms
compared to networked “home run” connections
++ Simple installation
++ Daisy-chain P-Link devices such as the DIALOG® 20
++ Consumes less rack space Wireless Mic System
++ Lower cost ++ Long distance P-Link mode allows 650 ft (200 m) Large Lecture Halls
between tiles for a total cable reach of 1950 ft (600 m)
++ Three sizes available to fit US and
international ceiling-grid tile sizes ++ Single cable for power, audio, and control
++ Zero consumption of DSP mixer analog inputs
Training Centers
Advanced Audio Processing Configuration & Management

++ Most advanced Acoustic Echo Cancellation Courtrooms
++ Pro CONSOLE® software
++ Noise Cancellation
++ Auto-discovery of devices
++ Adaptive steering (think of it as smart switching)
++ System monitoring and troubleshooting
— no need to adjust individual beams
Telemedicine Facilities
++ Advanced gating with adaptive ambient for
seamless combining of multiple BMA CT units
++ Replaces 9 to 12 traditional microphones

Houses of Worship
Connections Orientation
BMA CT I/O CONNECTIONS Orient leds towards either end of the table
Connection Diagrams
P-Link carries up to 16x16 audio channels

Operating Modes
Standard Mode
2 2 1
1 3
6 4 5
Diagrams
Side views
back view
PRODUCT SPECIFICATIONS
24 microphones P-Link Peripheral Bus Dimension & Weight (WxHxD)

Uses P-Llink channels and C-Link channels based on P-Link In & Out: Proprietary Network 24” BMA CT:
configuration 23.72 x 23.72 x 2.13” (602.5 x 602.5 x 54.1mm)
Ports Type: RJ-45 600 mm BMA CT:
Number of Beams: Two patterns, either 5 or 6 beams 23.33 x 23.33 x 2.13” (592.5 x 592.5 x 54.1 mm)
Cable: RJ45 Cat5e, Cat6, Expandable
Polar Pattern: Custom Unit Weight: 7.7lbs (3.5kg)
Distance: Up to 650 ft.
Frequency Response: 150Hz – 16kHz, +/- 3dB Shipping Weight: 11.5lbs (5.2kg)
Daisy-Chain:
Dynamic Range: 150Hz – 16kHz, > 70dB Up to 3 Array units and additional P-Link compatible Part Numbers
devices with each supported CONVERGE Pro 2 unit 910-3200-205: 24” White BMA CT
Amplifier Output in the same chain
Type: 5.08mm Black Header, Male, Phoenix type Up to 6 Array units in the same chain with 2 910-3200-205-I: 600 mm White BMA CT
Euroblock supported CONVERGE Pro 2 units connected
through C-Link
Audio: 2 Channels Supported CONVERGE Pro 2
Long Distance P-Link:
Output Power: 2x10W Max, 8Ω load* Increases P-Link distance from 200 ft. to 650 ft.; Part Number Product
(200M) max cable distance between any two units;
910-3200-001 CONVERGE Pro 2 128
Frequency Response: 20Hz – 22kHz @ +10dBu, +/- Cat6, 550 MHz, 23 AWG, solid conductor cable;
0.5dB Do not use Copper Clad Aluminum (CCA) cable 910-3200-001-D CONVERGE Pro 2 128D
910-3200-002 CONVERGE Pro 2 128T

THD + Noise: 20Hz – 22kHz @ +10dBu, 1W, < 0.2% Power Selection Switch
Type: Slide Switch 910-3200-002-D CONVERGE Pro 2 128TD
Dynamic Range: 20Hz – 22kHz @ +20dB, > 102dB, Slide toward P-Link to power device by P-Link
910-3200-003 CONVERGE Pro 2 128V
with 20kHz digital low pass filter Slide toward PoE to power device by PoE Injector or
Dante PoE 910-3200-003-D CONVERGE Pro 2 128VD
Crosstalk: Channel to Channel, stimulus at +20dBu to
910-3200-005 CONVERGE Pro 2 48T
receptor 10W output 8Ω load, 20Hz – 22kHz, < 60dB Configuration & Administration Software
CONVERGE CONSOLE Software
® ®
910-3200-006 CONVERGE Pro 2 48V
LED 910-3200-008 CONVERGE Pro 2 48VT
4 LED indicators on one end of unit: Mounting
Mute/Un-mute configuration with 8 color options, Ceiling mount (24" or 600mm drop-ceiling grid) 910-3200-008-D CONVERGE Pro 2 48VTD
two blink patterns and warning indications
910-3200-004 CONVERGE Pro 2 120
Power & Thermal
Configuration Power Type: PoE
Beam enable/disable
Port Type: RJ-45 Accessories
Acoustic Echo Cancellation (AEC) on/off
Power Source: PoE Injector or equivalent Part Number Product
Noise Cancellation (NC) on/off PoE Power supply kit for
910-3200-202
PoE: BMA CT and BMA CTD
Filters: IEEE 802.3at compliant devices providing 56V and
910-3200-204-50 50 ft RJ45 CAT6 Cable
All Pass 640 mA (36 W).
Low Pass P-Link In - Mode B 910-3200-204-100 100 ft RJ45 CAT6 Cable
High Pass PoE In - Mode A and Mode B
910-3200-204-150 150 ft RJ45 CAT6 Cable
Notch
PEQ *BMA CT requires its own PoE (IEEE 802.3 at 910-3200-204-200 200 ft RJ45 CAT6 Cable
compliant) if 2x10W speakers are driven
Automatic Level Control (ALC) on/off Brackets to convert 600 to
910-3200-205-01
Power Consumption: 625 mm
Gain adjust 100-240VAC, 50/60Hz
9.1 Watt Typical without speaker amp
Mute on/off 38W at max power 1kHz (2 x 10W)
Auto gate/Manual gate Thermal: 130 BTU/Hr at max power
Operating Temperature:
14° F/-10° C to 104° F/40° C ambient temperature
Sales and Inquiries

Headquarters US & Canada International Sales TechSupport
5225 Wiley Post Way Tel: 801.975.7200 Tel: +1.801.975.7200 Tel: 801.975.7200 Tel: 801.974.3760
Suite 500 Toll Free: 800.945.7730 global@clearone.com sales@clearone.com tech.support@clearone.com
Salt Lake City, UT 84116 Fax: 801.303.5711
Other product names may be registered trademarks of their respective owners who do not necessarily endorse ClearOne or ClearOne’s
products. All rights reserved. Information in this document subject to change without notice. DST-0144-001 rev2.0 © 2019 ClearOne.
EXHIBIT E
BMA CT
HOST A MEETING (HTTPS://WWW.COLLABORATESPACE.NET/#/HOSTMEETING)
JOIN A MEETING (HTTPS://WWW.COLLABORATESPACE.NET/#/MEETING)
LOGIN (/USER/LOGIN?CURRENT=NODE/3541)
(/)
BMA CT
The BMA CT is a patented ceiling tile beamforming mic array that blends in perfectly with today's
drop ceilings.

Product Overview Specifications
Patented Ceiling Tile Beamforming Mic Array with a Superior

Architecture for Reduced Complexity and Cost
24 microphones
1 Channel In (Uses P-Link channels or C-Link channels for speakers, no input channels in CP2)
Number of Beams: Two patterns, either 5 or 6 beams
Polar Pattern: Custom
Frequency Response: 150Hz – 16kHz, +/- 3dB
Dynamic Range: 150Hz – 16kHz, > 70dB
Amplifier Output
Type: 5.08mm Black Header, Male, Phoenix type Euroblock
Audio: 2 Channels
Frequency Response: 20Hz – 22kHz @ +10dBu, +/- 0.5dB
THD + Noise: 20Hz – 22kHz @ +10dBu, 1W, < 0.2%
Dynamic Range: 20Hz – 22kHz @ +20dB, > 102dB, with 20kHz digital low pass filter
Crosstalk: Channel to Channel, stimulus at +20dBu to receptor 10W output 8Ω load, 20Hz –
22kHz, < 60dB
LED
4 LED indicators on one end of unit:
- Mute/Un-mute configuration with 8 color options, two blink patterns and warning indications
Configuration
Beam enable/disable
Acoustic Echo Cancellation (AEC) on/off
Noise Cancellation (NC) on/off
Filters:
- All Pass
- Low Pass
- High Pass
- Notch
- PEQ
Automatic Level Control (ALC) on/off
Gain adjust
Mute on/off
Auto gate/Manual gate
P-Link Peripheral Bus

P-Link In & Out: Proprietary Network
Ports Type: RJ-45
Cable: RJ45 Cat5e, Cat6, Expandable
Distance: Up to 650 ft.
Daisy-Chain:
- Up to 3 Array units and additional P-Link compatible devices with each supported CONVERGE
Pro 2 unit in the same chain
- Up to 6 Array units in the same chain with 2 supported CONVERGE Pro 2 units connected
through C-Link
Long-Distance P-Link:
- Increases P-Link distance from 200 ft. to 650 ft.; (200M) max cable distance between any two
units; Cat6, 550 MHz, 23 AWG, solid conductor cable; Do not use Copper Clad Aluminum (CCA)
cable
Power Selection Switch

Type: Slide Switch
- Slide toward P-Link to power device by P-Link
- Slide toward PoE to power device by PoE Injector
Configuration & Administration Software

Pro CONSOLE® Software
Power & Thermal

Power Type: PoE
Port Type: RJ-45
Power Source: PoE Injector or equivalent
PoE:
- IEEE802.3at compliant devices providing 56V and 640 mA (36 W)
- P-Link In - Mode B
- PoE In - Mode A and Mode B
*Each BMA CT requires its own 802.3at compliant power injector if loudspeakers are being
used.
Power Consumption:
100-240VAC, 50/60Hz 9.1 Watt Typical without speaker amp 38W at max power 1kHz (2 x 10W)
Thermal: 130 BTU/Hr at max power
Operating Temperature: 14° F/-10° C to 104° F/40° C ambient temperature
p g p
Case 1:19-cv-01343-RGA-CJB p
Document 64-1 Filed 11/19/19 Page 58 of 79 PageID #: 2382
Dimension & Weight (WxHxD)

24” BMA CT: 23.72 x 23.72 x 2.13” (602.5 x 602.5 x 54.1mm)
600 mm BMA CT: 23.33 x 23.33 x 2.13” (592.5 x 592.5 x 54.1 mm)
Unit Weight: 7.7lbs (3.5kg)
Shipping Weight: 11.5lbs (5.2kg)
Part Numbers
910-3200-205: 24” White BMA CT
910-3200-205-I: 600 mm White BMA CT
Supported CONVERGE® Pro 2

910-3200-001 CONVERGE Pro 2 128
910-3200-001-D CONVERGE Pro 2 128D
910-3200-002 CONVERGE Pro 2 128T
910-3200-002-D CONVERGE Pro 2 128TD
910-3200-003 CONVERGE Pro 2 128V
910-3200-003-D CONVERGE Pro 2 128VD
910-3200-009 CONVERGE Pro 2 128VT
910-3200-009 CONVERGE Pro 2 128VTD
910-3200-005 CONVERGE Pro 2 48T
910-3200-006 CONVERGE Pro 2 48V
910-3200-008 CONVERGE Pro 2 48VT
910-3200-008-D CONVERGE Pro 2 48VTD
910-3200-004 CONVERGE Pro 2 120
Accessories
910-3200-202 PoE Power supply kit for BMA CT and BMA CTD
910-3200-205-01 Brackets to convert 600 to 625 mm
910-3200-205-CB BMA CT Conduit Box
910-3200-204-50 50 ft RJ45 CAT6 Cable
910-3200-204-100 100 ft RJ45 CAT6 Cable
910-3200-204-150 150 ft RJ45 CAT6 Cable

910-3200-204-200 200 ft RJ45 CAT6 Cable
Resource Library
Ready for a deeper dive?
CLICK HERE (http://www.clearone.com/resource-product-line?pid=1030)
Related Products
O T H E R P R O D U C T S T H A T M A Y I N T E R E S T Y O U
(http://www.clearone.com/sites/default/files/BFM2%20DST.pdf)
(http://www.clearone.com/converge- (http://www.clearone
pro-2-48vt-0) pro-2-48
BEAMFORMING
MICROPHONE ARRAY 2 CONVERGE PRO 2 48VT CONVERGE P
(HTTP://WWW.CLEARONE.C (HTTP://WWW.CLEARONE.C (HTTP://WWW

PRO-2-48VT-0) PRO-2-4
SEE DETAILS SEE DETAILS SEE DET
(http://www.clearone.com/sites/default/fil (http://www.clearone.com/converge- (http://www.clearone

pro-2-48vt-0) pro-2-48
Subscribe to our Blog
Enter Email SUBSCRIBE
Edgewater Corporate Park South Tower
5225 Wiley Post Way, Suite 500
Phone: 1-801-975-7200
All rights reserved © ClearOne Inc. 2019
Privacy Policy (/privacy-policy)

EXHIBIT F
BMA CT
HOST A MEETING (HTTPS://WWW.COLLABORATESPACE.NET/#/HOSTMEETING)
JOIN A MEETING (HTTPS://WWW.COLLABORATESPACE.NET/#/MEETING)
LOGIN (/USER/LOGIN?CURRENT=NODE/3541)
(/)
BMA CT
The BMA CT is a patented ceiling tile beamforming mic array that blends in perfectly with today's
drop ceilings.

Product Overview Specifications
Patented Ceiling Tile Beamforming Mic Array with a Superior

Architecture for Reduced Complexity and Cost
Key Highlights
> Built in acoustic echo cancellation, > Built in 2x10 Watt into 8-ohm power
noise cancellation, and beam amplifier conveniently drives
selection eliminate the need for per- loudspeakers.
beam processing in a DSP mixer -
requiring fewer DSP mixer resources.
> Integrated features can significantly > Daisy chain ceiling tiles via P-Link for
reduce system design complexity, larger conference setups – for
simplify installation, streamline simpler wiring and longer distances
configuration and programming, compared to networked “home run”
consume less rack space, and lower connections.
cost.
> Adaptive steering (think of it as smart > Use P-Link to daisy chain additional
switching) - no need to adjust peripherals such as wireless mics,
individual beams - for impeccable USB Expanders, and GPIO
room coverage. Expanders.
> ClearOne’s BMA technologies are > Ceiling tiles and peripherals can be
protected by at least a dozen patents P-Linked with zero consumption of
and pending patent applications. analog I/O and signal processing in
the DSP mixer leaving those
resources available for other needs.
> Supports three different ceiling grid > Each ceiling tile microphone array
types: 24-inch for US, 600 mm, and supports long distance P-Link mode
625 mm for international. with 650 feet (200 meters) between
tiles, for a total cable reach of 1950

feet (600 meters).
Applications
Audio Conferencing
Video Conferencing
Environments
Boardrooms
Conference rooms
Training centers
Lecture halls
Courtrooms
Telemedicine facilities
Resource Library
Ready for a deeper dive?
CLICK HERE (http://www.clearone.com/resource-product-line?pid=1030)
Related Products
O T H E R P R O D U C T S T H A T M A Y I N T E R E S T Y O U
(http://www.clearone.com/sites/default/files/BFM2%20DST.pdf)
(http://www.clearone.com/converge- (http://www.clearone
pro-2-48vt-0) pro-2-48
BEAMFORMING CONVERGE PRO 2 48VT CONVERGE P

MICROPHONE ARRAY 2 (HTTP://WWW.CLEARONE.C (HTTP://WWW
(HTTP://WWW.CLEARONE.C PRO-2-48VT-0) PRO-2-4
SEE DETAILS SEE DETAILS SEE DET
(http://www.clearone.com/sites/default/fil (http://www.clearone.com/converge- (http://www.clearone

pro-2-48vt-0) pro-2-48
Subscribe to our Blog
Enter Email SUBSCRIBE
Edgewater Corporate Park South Tower
5225 Wiley Post Way, Suite 500
Phone: 1-801-975-7200
All rights reserved © ClearOne Inc. 2019
Privacy Policy (/privacy-policy)

EXHIBIT G

Shure v. ClearOne - Second Amended Complaint

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Shure v. ClearOne - Second Amended Complaint

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Case 1:19-cv-01343-RGA-CJB Document 64 Filed 11/19/19 Page 1 of 31 PageID #: 2294

IN THE UNITED STATES DISTRICT COURT

SECOND AMENDED COMPLAINT

Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc. (collectively,

ClearOne, Inc. (“ClearOne”):

NATURE OF THE ACTION

1. Healthy competition is a cornerstone of the economy. But that competition must

unlawful and has damaged Shure and its customers.

3. Plaintiff Shure Incorporated is a corporation organized under the laws of Illinois

4. Plaintiff Shure Acquisition Holdings, Inc. is a corporation organized under the

60714. Shure Acquisition Holdings, Inc. is a wholly-owned subsidiary of Shure Incorporated.

5. On information and belief, Defendant ClearOne is a corporation organized and

Suite 500, Salt Lake City, Utah.

JURISDICTION AND VENUE

belief, ClearOne is incorporated in Delaware.

9. On information and belief, personal jurisdiction is proper because ClearOne has

directed towards Delaware.

occurred and continues to occur in this Judicial District.

equipment, including microphones, earphones, headphones, monitoring equipment, conference

room equipment, mixing equipment, software, and more.

infringement thereof, including current and past infringement.

submitted an Information Disclosure Statement on July 19, 2017, during prosecution of

in 2019, which it marketed as a ceiling tile beamforming microphone array. According to

in the MXA910 product and patented in the ’493 Patent.

20. In addition to incorporating Shure’s patented technology in its BMA CT product,

well as other Shure products.

The Court’s infringement analysis applies equally to third parties such as

Please be aware that it is likely an act of infringement to install a Shure MXA910

instead purchasing ClearOne’s products.

23. As another example, ClearOne’s threat of “infringement” liability for customers is

alleged infringement by customers. ClearOne’s allegations will either be proven incorrect or

evidences its bad faith behind such communications.

FIRST CAUSE OF ACTION

INFRINGEMENT OF U.S. PATENT NO. 9,565,493

fully restated herein.

27. The ’493 Patent is valid and enforceable.

reject unwanted noise and reflections.” Id. at 1:64-2:3.

29. Claim 17 of the ’493 Patent recites:

17. A microphone assembly comprising:

an array microphone comprising a plurality of microphones; and

a housing configured to support the array microphone, the housing

wherein a front face of the housing includes a sound-permeable

including, but not limited to ClearOne’s own sales network.

and/or importing the BMA CT in the United States.

33. The BMA CT comprises a microphone assembly as recited in claim 17 of the

’493 Patent. For example, ClearOne’s literature confirms:

BMA CT, Datasheet (Rev. 2.0, 2019) at 1 (Exhibit D).

BMA CT Specifications, http://www.clearone.com/bma-ct (Exhibit E).

34. The BMA CT includes an array microphone comprising a plurality of

microphones as recited in claim 17 of the ’493 Patent. For example:

BMA CT Product Overview, http://www.clearone.com/bma-ct (Exhibit F).

BMA CT, Datasheet (Rev. 2.0, 2019) at 1 (Exhibit D).

BMA CT, Datasheet (Rev. 2.0, 2019) at 1 (Exhibit D).

BMA CT, Datasheet (Rev. 2.0, 2019) at 1 (Exhibit D).

tiles as recited in claim 17 of the ’493 Patent. For example:

BMA CT, Datasheet (Rev. 2.0, 2019) at 1 (Exhibit D).

37. In violation of 35 U.S.C. § 271(b), ClearOne actively and knowingly induces

23-27 of the ’493 Patent.

commerce suitable for substantial noninfringing use.

conduct sufficient to establish willful infringement under 35 U.S.C. § 284.

infringing of Shure’s patent rights, pursuant to 35 U.S.C. § 283.

SECOND CAUSE OF ACTION

FALSE ADVERTISING UNDER THE LANHAM ACT

fully restated herein.