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.
It appears that the other shoe is dropping in the wake of the failed acquisition of Onkyo Corporation’s branded A/V division by Sound United last month, as the company now says it will reduce its overhead by cutting jobs. This appears to be the first step in a major reorganization of the company, as it seeks to right-size the organization for the industry’s new, smaller, and more competitive environment in which electronics manufacturers find themselves.
We seem to be in a week of big deals. First, we learned that SnapAV had acquired Control4, then we learned that the original founder of Paradigm has acquired back the Paradigm, Anthem, and Martin Logan brands from the private equity company that had bought the company from him some time back. Now we learn that Sound United, owner of Denon, Marantz, Polk Audio, Definitive Technology, HEOS, Classé, and Boston Acoustics has entered into an agreement with Onkyo Corp. to purchase Onkyo’s premier lineup of brands, including: Onkyo, Integra, Pioneer and Pioneer Elite.
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.
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.
Ever since Sonos filed their patent infringement case against D&M Holdings – in reference to its then new HEOS line – things started out like the opening salvo in a boxing match. That was over three years ago in October 2014 and after an initial flurry, including the filing of a countersuit by D&M Holdings, the event went on to settle down into more of a wrestling match, as opposed to boxing. Each side jockeyed for leverage on the other, with our judgment giving a slight advantage to Sonos, whose legal team seemed just slightly better in their approach perhaps even winning over the judge in a series of mostly favorable rulings.
Now, on the eve of trial and in front of a new judge, things are really moving from its long, low simmer to a boil – in fact, boiling over in the days leading up to trial next week starting December 11.
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.
