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Taiwan University Sues Apple Over Siri Patents

Rambo Tribble writes "Reuters is reporting that Taiwan's National Cheng Kung University has filed a suit against Apple claiming patent infringement by the Siri voice-recognition software. At issue are two patents dating to 2007 and 2010. From the article: 'The suit was filed in the United States District Court for the Eastern District of Texas, Marshall Division, on Friday, it said. "We filed that lawsuit in the Texas court because it processes faster and its rulings are usually in favor of patent owners and the compensations are usually higher," said Yama Chen, legal manager of National Cheng Kung, in the southern Taiwan city of Tainan.'"

17 of 138 comments (clear)

  1. Well, good for them! by macbeth66 · · Score: 4, Insightful

    It is nice when ugly corporations get hoisted by their own sack.

  2. At least they are honest about it. by sycodon · · Score: 5, Funny

    "We filed that lawsuit in the Texas court because it processes faster and its rulings are usually in favor of patent owners and the compensations are usually higher..."

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    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  3. Re:Goose, Meet Gander by IrrepressibleMonkey · · Score: 3, Insightful

    Apple recently had the fact that their iPhone design was 'borrowed' from Sony suppressed in their Samsung lawsuit

    Nothing like half a story, eh? Or maybe you're genuinely not aware, but the accusation of 'borrowing' now seems well wide of the mark. Google "iPhone Purple prototype" if you haven't seen the designs that pre-date the Sony-inspired images.

  4. Can two wrongs make a right? by cupantae · · Score: 5, Funny

    Maybe Chinese patent trolls will eventually alert US patent supporters to how stupid the system is.

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  5. Re:Goose, Meet Gander by Anonymous Coward · · Score: 4, Insightful

    Apple recently had the fact that their iPhone design was 'borrowed' from Sony suppressed in their Samsung lawsuit

    Nothing like half a story, eh? Or maybe you're genuinely not aware, but the accusation of 'borrowing' now seems well wide of the mark. Google "iPhone Purple prototype" if you haven't seen the designs that pre-date the Sony-inspired images.

    Well, it's a good damn thing Sony doesn't prototype their products prior to releasing them then isn't it!

  6. Re:taiwan != china by gabebear · · Score: 5, Informative

    Two sovereign states with the name "China" exist.

    ROC = Republic of China = Democratic China = Taiwan
    PRC = People's Republic of China = Communist China = Mainland China

    http://en.wikipedia.org/wiki/Two_Chinas. Prior to 1971 "China" was the ROC in the UN, it is now the PRC...

  7. This trope is getting old by Anubis+IV · · Score: 5, Informative

    I really wish everyone would get over the idea that East Texas is still the best place to file patent suits. It definitely was for about a year in the mid-2000s, but since then it's returned back to within a few percentage points of the national average.

    The percentage of patent cases where the plaintiff succeeded at trial was, over the period from 1995-2009, in line with the national average (66.7% trial success in East Texas vs. 66% nationwide), and by all indications it hasn't changed from that in the last few years (as a point of comparison, Florida Middle District Court had an 80% trial success rate for plaintiffs over that same period). Aside from the one-year blip where plaintiffs won more frequently and the district deservedly earned its reputation, its rates have been at levels that are in line with other district courts. Unfortunately, most people seem to have not caught on to that fact yet (even Wikipedia's sources regarding much of this stuff is several years out of date).

    Because of that one year blip being so noteworthy, there is still a mistaken perception that the East Texas courts are plaintiff friendly, but that's all it is now: a perception. In fact, for NPEs (i.e. non-practicing entities, a.k.a. patent trolls), the Florida Middle District and the Delaware District courts had overall success rates (i.e. including summary judgments) that were about 11% and 7% higher, respectively, than East Texas over the period from 1995-2009.

    That said, the East Texas courts do make for an ideal venue for trying patent cases, even if they're not as one-sided as people seem to think. The district has faster turnaround times than many other federal districts (which was part of the motivating factor in this particular case), the judges are well-versed in patent cases and have indicated an interest in handling them expeditiously, and there are local laws permitting lawyers from any bar association, not just the Texas bar, from trying their cases there, making it easier to use than some of the other districts.

    The fact that the judges are knowledgeable is especially important, because many of the corporations being sued prefer to have their cases tried there, rather than getting them transferred to their home district where an ignorant judge can add a major level of uncertainty to the equation (in fact, in one case involving 112 defendants less than a year ago, the East Texas judge was able to dismiss 99 of the defendants immediately because they weren't infringing and didn't request transfers to other districts). As a result, more cases that start in the district tend to stay in the district than you might otherwise see, creating a larger volume of cases that reach a conclusion. So, not only does it handle more cases, but it also concludes more cases than most of the other district courts.

    It's just a shame that people are still perpetuating the idea that it's plaintiff-friendly when it's not, since it sets up East Texas as a distraction and as a scapegoat to vent our frustrations over the patent system whenever a ruling we disagree with comes out of there. The fault isn't theirs any more than it is any other court's. It's the fault of the corporations playing this billion dollar game with each other.

    (Note: much of this was pulled from a previous comment of mine from February)

    1. Re:This trope is getting old by Anonymous Coward · · Score: 3, Insightful

      If, due to its notoriety, East Texas attracts more iffy cases, than the win rate being the same as the national average would be a big win for the plaintiff. Now that's an unsubstantiated "if", but the point is that the win rate by itself is insufficient to show that it is not plaintiff friendly due to potential selection bias.

    2. Re:This trope is getting old by Warhawke · · Score: 5, Insightful

      Actually, and essentially in support of your conclusion although contrary to your opening, the Eastern District of Texas - while the margin is narrowing - is still much friendlier to patent plaintiffs than a strong majority of other districts. Or, specifically, it would be more fair to say the E.D.Tex. is not horrendously biased to favor the defendant, like several other districts. Most of it boils down to the Local Patent Rules. For example, E.D.Tex. allows for very liberal amendments of initial infringement contentions. In layman's terms this means that a patent-holder can sue an alleged infringer with "well-formed" suspicion that the defendant's product is allegedly infringing, go into discovery, and then determine the details as to whether or not the product is actually infringing based on evidence. In districts like the Northern District of California, the local patent rules expressly prohibit this behavior, requiring that the plaintiff have essentially absolute proof that the defendant's product is infringing before being able to move to the discovery phase.

      While N.D.Cal's strict rules cut down on troll litigation, it does become a problem for plaintiffs when the details of how a defendant's product works is only available to the defendant: for example, closed-source software or secret formulas or recipes not available to the public. While software patents aren't treated well here on Slashdot, what this would allow someone to do is to copy line for line someone else's code, resell it, and then have total immunity in the Northern District of California from patent infringement (and good luck proving copyright infringement when you don't have access to the source code...). The Eastern District of Texas (specifically Judge Ward of said district) realized the potential problem for abuse and thus created a standing order to modify the Local Patent Rules and allow for more liberal discovery. Good for plaintiffs (troll and honest) who are attempting to prove infringement, bad for defendants (honest and infringing) who now lose shelter and have to deal with costly discovery.

      The problem is two-fold. First, the dichotomy between local patent rules across federal districts completely destroys the concept of "one body of federal law." It encourages forum shopping, which is exactly what we're seeing here where a plaintiff chooses where to file suit in a place most favorable to him (thus theoretically unbalancing the concept of a fair and impartial trial). Second, it encourages patent trolls to flock to a district and abuse the system. In a perfect world, discovery would be allowed and initial infringement contentions could be modified, but anyone found to be patent trolling would be liable for attorney's fees and damages if discovery proved senseless litigation or the patent was invalidated (or hell, I'd just make a rule where you have to actually manufacture the patented product to have a claim for damages... none of this treating IP like physical property where you have an arbitrary right to exclude). In reality, it causes people to see the ratking of patent trolls form in E.D.Tex, and everyone blames the system there for supporting patent trolls and praises draconian districts like N.D.Cal for arbitrarily (and contrary to federal mandate) favoring defendants.

      As more patent trolls flood in, the win-margin is narrowing, because even the Eastern District of Texas tires of senseless lawsuits. But the rules are still much more favorable to plaintiffs in those districts, and any patent lawyer worth his salt is going to find a way to establish personal jurisdiction in that district.

  8. Re:Goose, Meet Gander by Anonymous Coward · · Score: 5, Insightful

    No point based on design patents ever stands. The concept itself is broken, even if it didn't have the worldwide chiilling effect that it does.

    Adoption of ever-better human interfaces should be encouraged, not dissuaded. Treating them as proprietary is the biggest conceptual idiocy in the history of Man.

  9. Re:Goose, Meet Gander by tlhIngan · · Score: 4, Interesting

    I wonder how much Apple likes being on the receiving end?

    IP lawsuits are great! ... until you get slapped by one.

    People suing Apple isn't exactly a *NEW* thing. It's actually been quite steady or so (one every week or so) the past decade or more.

    Heck, Creative sued Apple about a decade ago over the use of categories to help find music (Artist/Album/Genre/etc) on the iPod way back when. (I believe Apple settled, in exchange for a pile of stuff Creative was to make to support the iPod or so). Ditto Sony and others.

    It's actually unusual to have Apple NOT being sued by someone or other on a weekly basis.

  10. Re:Goose, Meet Gander by Meeni · · Score: 5, Informative

    This is Taiwan, not PRC China. Situation is very different there.

  11. Re:So what? by Anonymous Coward · · Score: 3, Interesting

    Normally universities do research and don't develop a thechnology to production quality. For this they either do spin-offs or licensing. And apple didn't license the patents.

    I am more interested if someone here checked the patents in question have any merits?

    Another question is should a (presumely public funded) university patent its inventions at all?

  12. Re:taiwan != china by sydneyfong · · Score: 3, Interesting

    Taiwan is de facto sovereign. The only non-sovereign part about Taiwan is that due to pressures by the PRC govt, most of the International community do not recognize Taiwan/ROC's sovereignty (over the island generally known as "Taiwan").

    It's a over-complicated issue though, and really depends on who you're talking to, and whether you're trying to be factually correct or politically correct....

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    Don't quote me on this.
  13. Re:taiwan != china by readin · · Score: 5, Informative

    Taiwan's democracy doesn't make China look bad any more than any other democracy makes China look bad. Taiwan's location is strategic for China. It sits between Japan and the South China Sea (which China has made clear it wants to dominate). Taiwan sits on a strategic supply route for South Korea and Japan. China views Taiwan as part of a potential buffer between the Pacific Ocean and China.

    The other problem China has with Taiwan is that the hatred between the Chiang (whose forces occupied Taiwan) and Mao was strong enough that neither could accept the existence of the other. Prior to Chiang's occupation of Taiwan Mao made a statement supporting independence from Japan for Taiwan. But once Chiang moved to Taiwan, Taiwan suddenly became important to Mao. After 60 years of propaganda about how important it is to take Taiwan, the Chinese Communist Party looks bad to their ultra-nationalists by their failure to do so, and even moderating their tone on the issue is difficult.

    US law requires that we sell Taiwan such defensive weapons as it needs, based purely on need and not on consultation with China. Neither US law nor treaty requires the US to defend Taiwan. Instead the US has to consider it a "grave" concern. It is deliberately ambiguous so that the US can dissuade both sides from launching hostilities with a certain expectation of how the US will respond.

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    I often don't like the choices people make, but I like the fact that people make choices. That's why I'm a conservative.
  14. Easy win for Apple by oergiR · · Score: 4, Informative

    Disclaimer: I'm not a patent lawyer, but I do know a thing or two about speech recognition. I've only read the summaries of the patents, but they don't seem to cover anything that Siri or any other sensible speech recogniser system does.

    Patent 7,266,496 (from 2007) is about a complete speech recogniser on a chip. This couldn't be further from Siri, which sends the audio data to the cloud to be recognised. The four "modules" that the patent covers are bog-standard. Patent 7,707,032 (from 2010) describes a silly way of doing speech recognition (by comparing with individual training samples) and is unrelated to any modern commercial speech recogniser.

    This is just some Taiwanese university hoping for two minutes of fame and a settlement. They seem to be getting their fame, but they're not going to see any money.

  15. This should be interesting by JustNiz · · Score: 3, Insightful

    The normal defence for companies being sued for patent infringement is to find a breach of their own patent portfolio by the suer's products, then settle out of court.

    It kindof assumes that the entity bringing the case makes commercial products themselves. Entities that don't are basically untouchable, which is why patent trolls avoid selling actual products.

    Its going to be very hard for apple to find a quid-pro-quo breach by a university.