Zaxcom Files Patent Infringement Lawsuit Against RØDE Microphones


On October 31, 2023, a significant legal battle unfolded in the US District Court for the District of Delaware. Zaxcom, Inc. made headlines by filing a patent infringement challenge against RØDE Microphones, LLC, and Freedman Electronics Pty Ltd. The dispute revolves around Zaxcom's patented technology for simultaneous recording and wireless transmission devices. This article dives into the details of the lawsuit, shedding light on the allegations, implications, and the broader context.

Zaxcom's Patent and the Challenge it Poses

Zaxcom is the holder of a unique US patent enabling devices to record and transmit simultaneously. While the company holds various patents, this particular one has created a hurdle for competitors aiming to incorporate this feature into their products for the US market. RØDE Microphones ventured into this territory, leading to allegations of patent infringement.

RØDE's Response - A Tight-Lipped Approach

In the midst of this legal turmoil, our attempts to reach out to RØDE for their comments on the matter were met with silence. The absence of their perspective makes this case all the more intriguing.

Zaxcom's Legal Motion and Its Demands

Zaxcom's legal motion filed in the US District Court for the District of Delaware demands that the defendants cease interfering with Zaxcom's exclusive rights to market, sell, and distribute products based on their patented technology. The suit alleges that the defendants are offering infringing products for sale through various distribution channels.

Establishing Jurisdiction Over RØDE

The lawsuit asserts that RØDE is subject to personal jurisdiction in the judicial district, further contending that Freedman Electronics has also engaged in acts of infringement within the district. Jurisdictional aspects are central to the legal battle.

Freedman's Liability and Involvement

Part 12 of the claim highlights Freedman Electronics as the parent company of RØDE's US subsidiary, making them jointly liable for alleged infringement. The legal claim asserts damages exceeding a statutory monetary threshold.

Substantial Revenue and Infringement

Part 16 of the lawsuit suggests that RØDE and Freedman have profited significantly from selling infringing products in the US. This financial aspect adds depth to the legal dispute.

Understanding Zaxcom's Patents and Their Significance

The Patents-In-Suit aim to revolutionize wireless recording of multi-track audio files without data corruption—a technology Zaxcom has ardently protected. The lawsuit alleges that RØDE is marketing competing products, particularly the Rode Go II and Rode PRO, in direct violation of Zaxcom's intellectual property rights.

Allegations of Infringement and Inducement

Defendants are accused of infringing Zaxcom's '443 Patent, either directly or indirectly, through importation, marketing, and distribution of the Rode Pro product in the US. The claim also suggests that the defendants knowingly induce others to infringe on Zaxcom's patents through instructional videos and manuals.

Initial Warning Ignored

Remarkably, Zaxcom initially issued a cease-and-desist letter to RØDE's key figures, Damian Wilson and Peter Freedman, back in March 2021. This earlier notice underscores the longevity of the dispute.

The Pursuit of Compensation

Sections 54 and 55 of the lawsuit discuss Zaxcom's claims for damages, lost profits, reasonable royalties, and attorneys' fees. They also emphasize the potential for trebling damages due to the willful nature of the alleged infringement.

Preventing Ongoing Harm

The legal motion asserts that Zaxcom will continue to suffer irreparable harm unless RØDE is permanently enjoined from infringing on the '443 Patent. This underscores the seriousness of the dispute.

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Zaxcom is staunchly defending its patents in the US, and the outcome of this lawsuit will be closely watched. While Zaxcom's patents are only enforceable within the US, the dispute may influence how companies approach intellectual property protection. With several years left on their patent, there's potential for licensing agreements, similar to the one Deity had with Zaxcom. This lawsuit raises intriguing questions about the intersection of innovation, intellectual property rights, and legal protection. It remains to be seen how this clash between Zaxcom and RØDE will unfold, but for now, it hasn't deterred RØDE from continuing to offer products with the contested "record while transmitting" feature.

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