I returned a pair of QueitComforts and purchased a pair of Beats Bluetooth for airline travel because the Beats had better audio response for the music I like and they were wireless. The QuietComforts had the superior noise cancelling.

It almost seems like patent law needs to apply proportionally to the crossover in market share between two products. Bose and Beats operate within the same industry but I wouldn't consider their product offerings to completely overlap.

The outliers offer the consumer more choice and if the patent holder is not in that space, are they being damaged?