Strategy in TECH...
Sound United announced today that it has closed on its acquisition of Bowers & Wilkins (B&W), as expected. With this deal, B&W is rejoined with Classé – a high-end electronics manufacturer that itself was once part of B&W but then was acquired by Sound United back in Jaunuary 2018.
On Friday last week, we learned that Sonos and D&M Holdings have settled their litigation, first begun in October 2014. Although the terms of the settlement are confidential, all actions taken by each party are now moot.
It is likely that the parties now enjoy some form of licensing arrangement that put all adversarial issues behind them.
The battle rages on between D&M Holdings and Sonos over the patent infringement lawsuit brought by Sonos in 2014 against the HEOS by Denon line, and in which Sonos won the first set of their claims in a bellwether trial that concluded this past December. In retaliation for the Sonos lawsuit, D&M Holdings filed a countersuit that is now heating up, and in which they just lost a major decision from Judge Richard G. Andrews.
Sound United announced yesterday it had completed the acquisition of shuttered high-end brand Classé Audio from former owner Bowers & Wilkins. Terms of the deal were not disclosed. The announcement confirms the deal of which Strata-gee reported last month when Sound United quietly entered negotiations to buy the brand.
As we recently reported, a federal jury gave Sonos a sweeping victory in the first “bellwether trial” in Sonos Inc. v. D&M Holdings Inc. et al, siding with Sonos on all counts and awarding them nearly $2 million in damages. Furthermore, the jury affirmed the validity of the three Sonos patents at issue, and disagreed with D&M’s assertion that the patents were not valid.
Strata-gee spoke with both sides of this case and, this decision notwithstanding, neither appears ready to back down, even as this is just the first of what will ultimately be three trials in the case – two where Sonos is the plaintiff, and a countersuit by D&M Holdings where they will be the plaintiff. Sonos won round one, but this is a multi-round fight.
Last Friday, after a full week of testimony, evidence, deposition playbacks, and attorney posturing, members of the jury listened closely as Judge William C. Bryson delivered instructions designed to clarify their deliberative process and their duty as “finders of fact” in the matter of Sonos, Inc. v. D&M Holdings Inc. d/b/a/The D+M Group, D&M Holdings U.S. Inc., and Denon Electronics (USA), LLC. The judges verbal instructions took a while to relay, as the reality is that patent disputes can be quite complex and the issues of intellectual property quite nuanced yet important.
In written form, which the Judge provided the jury for their easy referral, his instructions ran a full 27-pages long. After considering it all, the jury came back with a finding in favor of Sonos on all counts – and delivered an award to Sonos of just under $2 million for damages.
Just when you thought it was all over, Strata-gee has learned that a new suitor – Vista, CA-based Sound United – has emerged to make a bid to acquire Classé Audio from current owner B&W Group. Classé was shut down by B&W on October 6th, as we reported at the time. However, because the company was still sitting on a relatively significant level of inventory – and was considering producing an additional small run of certain models to balance out their inventory to facilitate liquidation – B&W executives often maintained it was still in business.
When deals with three previously interested parties failed to come to fruition, B&W made the decision to close Classé’s Montreal headquarters, dismiss all Classé staff, and turned over service and support functions to B&W facilities.
Delaware District Judge Richard G. Andrews has delivered a decision that is sure to be a blow against D&M Holdings’ defense in its now long-running patent infringement dispute with Sonos, originally filed in October 2014. Judge Andrews has denied a motion by D&M to invalidate four key Sonos patents at the heart of their dispute and a key part of Sonos’ claim that D&M’s HEOS products infringe upon these and other patents.
We learned Wednesday that private equity powerhouse Bain Capital has apparently found a buyer for D+M Group, selling it off to another private equity company – Boston-based Charlesbank Capital Partners. CCP is the owner of DEI Holdings, a division of which is Sound United LLC, parent company of Polk Audio, Definitive Technology, and Polk BOOM. It is Sound United that will now also take over D+M Group and its brands Denon, Marantz, HEOS by Denon and Boston Acoustics.
New York City in June sees temperatures rise in response to the onset of summer and also, hopefully, in response to the launch of the hottest new technologies being shown at CE Week at the Metropolitan Pavilion and Altman Building exposition spaces in Manhattan. We awaited this year’s edition with great anticipation as it occurs in the wake of a major change in the show’s backers – and is the follow-up to the surprisingly meaningful show last year.
