RØDE MICROPHONES, LLC et al. v. ZAXCOM, INC.

The Inter Partes Review (IPR) proceeding IPR2025-00232 involves RØDE Microphones, LLC and its parent company Freedman Electronics Pty Ltd. as Petitioners, challenging patents owned by Zaxcom, Inc. Zaxcom, Inc. is a U.S.-based company, founded in 1986, that specializes in professional audio recording and wireless microphone technology for the television and film industries, having pioneered digital wireless microphones with integrated recording capabilities. RØDE Microphones, officially Freedman Electronics Pty Ltd, is an Australian audio technology company known for designing and manufacturing microphones, headphones, audio interfaces, and software for various applications including music recording, filmmaking, and podcasting.

The IPR is directly linked to an underlying patent infringement lawsuit filed by Zaxcom, Inc. against RØDE Microphones, LLC and Freedman Electronics Pty Ltd. in the U.S. District Court for the District of Delaware on October 31, 2023 (Case # 1:23-cv-01245). Zaxcom alleges that RØDE's Wireless Go II Dual Channel Wireless Microphone System and Wireless Pro Dual-Channel Wireless Microphone System infringe on Zaxcom's patents, specifically related to devices that can simultaneously record and transmit audio wirelessly.

The IPR challenges the validity of US Patent 7,711,443 and US Patent 10,276,207. US Patent 7,711,443, titled "Virtual wireless multitrack recording system," describes systems and methods for wirelessly recording multi-track audio files without data corruption or loss, by equipping each performer with a local audio device that can both record locally and transmit to a master recorder. The locally recorded audio can then be used to repair or replace any audio lost or corrupted during transmission. US Patent 10,276,207, titled "System for Recording and Transmitting Synchronized Audio," focuses on a local wearable audio device that stores audio data, receives a master timecode to jam-synchronize a local timecode generator, and then stamps the locally stored audio with the synchronized local timecode.

This IPR is pending before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO). The PTAB is a specialized administrative tribunal known for its ability to review patent validity with a lower burden of proof (preponderance of the evidence) compared to district courts (clear and convincing evidence), often leading to a quicker resolution of validity challenges. This case is notable due to the direct linkage between the IPRs and an ongoing infringement lawsuit between two significant players in the professional wireless audio equipment market. Furthermore, Zaxcom has a history of defending its patents and has previously prevailed in other IPR challenges, including two related IPRs filed by RØDE/Freedman concerning other patents (U.S. Patent No. 12,051,444 and U.S. Patent No. 7,929,902).

This analysis covers the key legal developments and outcomes related to an ongoing patent infringement litigation and parallel Inter Partes Review (IPR) proceedings involving Zaxcom, Inc. and RØDE Microphones, LLC, along with Freedman Electronics Pty Ltd.

I. Related District Court Patent Infringement Litigation

An underlying patent infringement lawsuit was filed by Zaxcom, Inc. against RØDE Microphones, LLC and Freedman Electronics Pty Ltd.

• Filing & Initial Pleadings (D. Del. Case No. 1:23-cv-01245-JFM):

  • 2023-10-31: Zaxcom, Inc. filed a patent infringement complaint against RØDE Microphones, LLC and Freedman Electronics Pty Ltd. in the U.S. District Court for the District of Delaware. The lawsuit alleged infringement of several Zaxcom patents by RØDE's Wireless Go II and Wireless Pro wireless microphone systems.
  • 2023-12-04: RØDE Microphones, LLC was served with the original complaint.
  • 2024-04-12: Freedman Electronics Pty Ltd. was served with the original complaint. Earlier attempts to serve Freedman prompted discussion of a potential motion to dismiss for lack of personal jurisdiction, but the court ultimately permitted alternative service on Freedman's U.S.-based counsel under Federal Rule of Civil Procedure 4(f)(3).
  • 2024-11-14: Zaxcom filed an Amended Complaint, asserting infringement of U.S. Patent Nos. 7,711,443 ('443 Patent), 7,929,902 ('902 Patent), 8,385,814 ('814 Patent), 9,336,307 ('307 Patent), 10,276,207 ('207 Patent), 11,610,605 ('605 Patent), and 12,051,444 ('444 Patent). Notably, patents 10,276,207 and 7,711,443, which are at issue in the IPRs, are included in this litigation.

• Pre-trial Motions of Substance:

  • As of December 2024, the district court litigation was in its early stages, with a trial date not yet set. Summary judgment briefing was not due until April 2026, indicating that the trial was unlikely to occur before the mid-2026 timeframe for the IPR's Final Written Decision.

• Discovery Milestones:

  • As of February 2026, docket entries indicate ongoing discovery activities, including notices of service for objections and responses to requests for production and supplemental responses to interrogatories regarding non-infringement contentions.

• Final Disposition/Present Posture:

  • The district court litigation (Zaxcom, Inc. v. RØDE Microphones, LLC, et al., No. 1:23-cv-01245-JFM) remains active and is in the discovery phase.

II. Parallel PTAB IPR Proceedings

RØDE Microphones, LLC and Freedman Electronics Pty Ltd. initiated several Inter Partes Review (IPR) proceedings against Zaxcom, Inc. at the Patent Trial and Appeal Board (PTAB).

• Filing of IPR2025-00232 & Related IPRs:

  • Between December 2024 and February 2025, RØDE Microphones, LLC and Freedman Electronics Pty Ltd. filed four separate IPR challenges against Zaxcom's patents.
  • 2024-12-04: IPR2025-00232 was filed by RØDE Microphones, LLC and Freedman Electronics Pty Ltd., challenging claims 17-19, 21-23, 33, 34, 59, 60, and 66 of U.S. Patent No. 10,276,207 ('207 Patent).
  • Other related IPRs filed by RØDE/Freedman against Zaxcom include IPR2025-00230 (challenging the '443 Patent), IPR2025-00231 (challenging the '902 Patent), and IPR2025-00557 (challenging the '444 Patent). These patents are all involved in the parallel Delaware litigation.

• IPR2025-00232 Status & Outcome:

  • The PTAB initially instituted review for US patents 7,711,443 and 10,276,207. However, more recent information indicates a final decision.
  • 2026-06-11: A Final Written Decision was issued for IPR2025-00232. The content of this decision (whether claims were found unpatentable or patentable) is not specified in the available search results.

• Outcomes of Other Related IPRs:

  • 2025-08-21: The PTAB dismissed RØDE/Freedman's challenge to U.S. Patent No. 7,929,902 (involved in IPR2025-00231) entirely. The Board found the IPR ineligible because RØDE/Freedman had recently acquired Lectrosonics, Inc., which had previously challenged the same patent, making RØDE/Freedman privy to Lectrosonics and thus barred under 35 U.S.C. § 315(b).
  • 2025-09-30: The PTAB ruled in favor of Zaxcom on U.S. Patent No. 12,051,444 (involved in IPR2025-00557) by denying institution of the IPR. The Board concluded that RØDE/Freedman did not demonstrate a reasonable likelihood of prevailing on at least one claim of the challenged patent.
  • As of September 30, 2025, two additional challenges brought by RØDE/Freedman were still pending and expected to be decided around June 2026. IPR2025-00232's Final Written Decision on June 11, 2026, aligns with this timeline.

III. Effect on Litigation

The IPR petition for IPR2025-00232 stated that the parallel district court litigation was in its early stages and that the IPR would simplify issues for the district court, promoting efficiency. Decisions in the co-pending RØDE IPRs, including IPR2025-00232, IPR2025-00230, IPR2025-00231, and IPR2025-00557, may affect the district court litigation as they involve patents asserted in that case. The outcomes of IPRs challenging the asserted patents could lead to stays in the district court case, simplify claim scope issues, or even result in the dismissal of claims found unpatentable. With IPR2025-00232 and other IPRs having reached or nearing their final written decisions, these outcomes will directly impact the ongoing district court proceedings.

In the Inter Partes Review (IPR) proceeding IPR2025-00232, RØDE MICROPHONES, LLC and FREEDMAN ELECTRONICS PTY LTD. are represented by counsel from Dechert LLP.

The following attorneys are identified as counsel of record for the petitioners:

• Jeffrey B. Plies

  • Role: Lead Counsel, Partner, and Chair of Dechert's Intellectual Property group.
  • Firm: Dechert LLP, Austin, Texas office.
  • Experience Note: Mr. Plies represents technology and medical device companies in patent litigation across various fields, including video compression, Wi-Fi technologies, and medical devices, and has a strong technical background as a former engineer for the U.S. Air Force and other national laboratories. He is routinely recognized by legal directories for his intellectual property litigation work.

• Michael A. Fisher

  • Role: Backup Counsel.
  • Firm: Dechert LLP, Philadelphia, Pennsylvania office.
  • Experience Note: Mr. Fisher is listed as backup counsel for the petitioners in IPR2025-00230, a related IPR proceeding, alongside Mr. Plies.

There is also a general email address provided in related IPR filings, "all-rode-dechert@dechert.com", indicating a coordinated legal team from Dechert LLP for these matters.

Zaxcom, Inc. is represented by counsel from several law firms in IPR2025-00232 and related proceedings.

The following attorneys are identified as counsel of record for Zaxcom, Inc.:

• Rita Chipperson

  • Role: Likely lead counsel or significant counsel.
  • Firm: Chipperson Law Group, P.C.
  • Experience Note: Ms. Chipperson is listed with an email address, rcc@chippersonlaw.com, in filings for Zaxcom in related IPR proceedings, including IPR2025-00230.

• Janice Kwon

  • Role: Counsel.
  • Firm: Chipperson Law Group, P.C.
  • Experience Note: Ms. Kwon is also listed with an email address, jk@chippersonlaw.com, for Zaxcom in related IPR filings.

• Morgan Golightly

  • Role: Counsel.
  • Firm: Chipperson Law Group, P.C.
  • Experience Note: Mr. Golightly is listed with an email address, mdg@chippersonlaw.com, for Zaxcom in related IPR filings.

• Gerard O'Rourke

  • Role: Counsel.
  • Firm: O'Kelly & O'Rourke LLC (OKOR Law).
  • Experience Note: Mr. O'Rourke is listed with an email address, gorourke@okorlaw.com, for Zaxcom in related IPR proceedings. His firm, O'Kelly & O'Rourke LLC, focuses on intellectual property, including patent and trademark matters.

• Sean O'Kelly

  • Role: Counsel.
  • Firm: O'Kelly & O'Rourke LLC (OKOR Law).
  • Experience Note: Mr. O'Kelly is listed with an email address, sokelly@okorlaw.com, for Zaxcom in related IPR proceedings.

• Laura Carrig

  • Role: Counsel.
  • Firm: O'Kelly & O'Rourke LLC (OKOR Law).
  • Experience Note: Ms. Carrig is listed with an email address, lcarrig@okorlaw.com, for Zaxcom in related IPR proceedings.

Zaxcom has been involved in multiple IPR challenges, and its counsel has defended its patents vigorously. These IPRs often involve discussions of prior art and can be complex, as seen in the related IPR2025-00231 where Zaxcom successfully argued for the dismissal of a challenge based on privity with a prior challenger, Lectrosonics, Inc. The listed counsel have been actively involved in these various filings and arguments before the PTAB.