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The Patent Trial and Appeal Board (PTAB) ruled on Tuesday that Meta successfully demonstrated that all claims in two patents owned by Eight kHz are invalid, concluding that the patents were obvious. The two patents in question relate to methods of delivering binaural sound through electronic earphones.

The PTAB decision impacts 20 claims from each of the two patents, which Eight kHz had initially filed in a lawsuit against Meta in Texas federal court. The patents—U.S. Patent Nos. 10,448,184 and 10,368,179—are now deemed unpatentable, as the board found that prior U.S. patent applications, known as Lyren and Reif, disclosed the same technologies and made the claims obvious.

According to the PTAB, Eight kHz conceded that the specifications in Lyren and its patents are identical. The board agreed with Meta's argument that Lyren’s disclosure covers all the limitations in the independent claims of the patents.

Before the PTAB proceedings, Eight kHz had filed its infringement lawsuit against Meta. The complaint alleged that Meta had received a portfolio of Eight kHz's patents around 2020 and considered purchasing the portfolio. However, after discussions about the portfolio, Meta stopped communication without licensing or purchasing the intellectual property, according to the suit.

The Texas federal court, where the lawsuit is pending, has scheduled the trial for October 2025. The case is Meta Platforms Inc. et al. v. Eight kHz LLC, case numbers IPR2023-01020 and IPR2023-01019, before the Patent Trial and Appeal Board.

Meta's legal team includes attorneys from Latham & Watkins LLP, while Eight kHz is represented by Brown Rudnick LLP and Fletcher Yoder PC.