UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`Plaintiff,
`
`
`PARUS HOLDINGS INC.,
`
`
`
`v.
`
`APPLE INC.,
`
`
`
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`Civil Action No. 6:19-cv-00432-ADA
`
`
`JURY TRIAL DEMANDED
`
`
`
`PARUS HOLDING INC.’S
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Parus Holdings Inc. (“Parus” or “Plaintiff”) for its First Amended Complaint for
`
`
`
`
`
`
`Patent infringement (“Amended Complaint”) against Apple Inc. (“Apple” or “Defendant”),
`
`hereby alleges as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Parus Holdings Inc. is Delaware corporation having its principal place of
`
`business at 3000 Lakeside Drive, Suite 110S, Bannockburn, IL 60015.
`
`2.
`
`Parus is the owner by assignment of U.S. Patent No. 7,076,431 (“the ’431
`
`Patent”) (attached as Exhibit 1) and U.S. Patent No. 9,451,084 (“the ’084 Patent”) (attached as
`
`Exhibit 2).
`
`3.
`
`Defendant Apple Inc. is a California corporation with a principal place of
`
`business at One Apple Park Way, Cupertino, California 95014.
`
`4.
`
`Apple is registered to do business in Texas.
`
`
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`Plaintiff,
`
`
`PARUS HOLDINGS INC.,
`
`
`
`v.
`
`APPLE INC.,
`
`
`
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`Civil Action No. 6:19-cv-00432-ADA
`
`
`JURY TRIAL DEMANDED
`
`
`
`PARUS HOLDING INC.’S
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Parus Holdings Inc. (“Parus” or “Plaintiff”) for its First Amended Complaint for
`
`
`
`
`
`
`Patent infringement (“Amended Complaint”) against Apple Inc. (“Apple” or “Defendant”),
`
`hereby alleges as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Parus Holdings Inc. is Delaware corporation having its principal place of
`
`business at 3000 Lakeside Drive, Suite 110S, Bannockburn, IL 60015.
`
`2.
`
`Parus is the owner by assignment of U.S. Patent No. 7,076,431 (“the ’431
`
`Patent”) (attached as Exhibit 1) and U.S. Patent No. 9,451,084 (“the ’084 Patent”) (attached as
`
`Exhibit 2).
`
`3.
`
`Defendant Apple Inc. is a California corporation with a principal place of
`
`business at One Apple Park Way, Cupertino, California 95014.
`
`4.
`
`Apple is registered to do business in Texas.
`
`
`
`5.
`
`Apple has regular and established places of business in this District, including, at
`
`3121 Palm Way, Austin, Texas, 2901 S. Capital of Texas Hwy., Austin, TX, and 12535 Riata
`
`Vista Circle, Austin, Texas, and 5501 West Parmer Lane, Austin, Texas. Apple employs
`
`thousands of people, including hundreds of engineers, who work at these locations in Texas. The
`
`work done at these Apple locations in Texas includes work related to Apple’s iPhones, iPads,
`
`iPods and Mac products.
`
`6.
`
`Apple also operates brick-and-mortar Apple Stores at Barton Creek Square,
`
`Austin, Texas and at Apple Domain Northside, Austin, Texas. Apple uses, offers for sale and
`
`sells Apple’s iPhones, iPads, iPods and Mac products that include Siri functionality at these
`
`Apple Stores.
`
`7.
`
`On information and belief, Apple can be served through its registered agent, CT
`
`Corporation System, 818 W. Seventh Street, Suite 930, Los Angeles, California, 90017.
`
`8.
`
`Apple has placed or contributed to placing infringing products like the iPhone X
`
`into the stream of commerce via an established distribution channel knowing or understanding
`
`that such products would be sold and used in the United States, including in the Western District
`
`of Texas. On information and belief, Apple also has derived substantial revenues from
`
`infringing acts in the Western District of Texas, including from the sale and use of infringing
`
`products like the iPhone X.
`
`9.
`
`Defendant had constructive notice of the ’431 Patent based on Parus’s marking at
`
`least as of June 18, 2007.
`
`10.
`
`Defendant had constructive notice of the ’084 Patent based on Parus’s marking at
`
`least as of February 21, 2018.
`
`2
`
`
`
`JURISDICTION AND VENUE
`
`11.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code. Accordingly, this Court has subject matter
`
`jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`12.
`
`This Court has specific personal jurisdiction over Defendant at least in part
`
`because Defendant conducts business in this Judicial District. Parus’s causes of action arise, at
`
`least in part, from Defendant’s contacts with and activities in the State of Texas and this Judicial
`
`District. Upon information and belief, each Defendant has committed acts of infringement
`
`within the State of Texas and this Judicial District by, inter alia, directly and/or indirectly using,
`
`selling, offering to sell, or importing products that infringe one or more claims of the ’431 Patent
`
`and/or the ’084 Patent.
`
`13.
`
`Defendant has committed acts within this District giving rise to this action, and
`
`have established sufficient minimum contacts with the State of Texas such that the exercise of
`
`jurisdiction would not offend traditional notions of fair play and substantial justice.
`
`14.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391(b), (c), and
`
`1400(d) because (1) Defendant has done and continues to do business in this Judicial District,
`
`and (2) Defendant has committed and continues to commit acts of patent infringement in this
`
`Judicial District by, inter alia, directly and/or indirectly using, selling, offering to sell, or
`
`importing products that infringe one or more claims of the ’431 Patent and/or the ’084 Patent.
`
`COUNT I
`
`APPLE’S INFRINGEMENT OF U.S. PATENT NO. 7,076,431
`
`Parus restates and incorporates by reference all of the allegations made in the
`
`15.
`
`preceding paragraphs as though fully set forth herein.
`
`3
`
`
`
`16.
`
`Parus is the owner, by assignment, of U.S. Patent No. 7,076,431. A true copy of
`
`U.S. Patent No. 7,076,431 granted by the U.S. Patent & Trademark Office is attached as Exhibit
`
`1.
`
`17.
`
`Defendant Apple has directly infringed, and is continuing to directly infringe,
`
`literally or under the doctrine of equivalents, at least independent claim 1 of Parus’s ’431 Patent
`
`by making, using, selling, and/or offering for sale its Apple smartphone devices with Siri in the
`
`United States, in violation of 35 U.S.C. § 271(a).
`
`18.
`
`At least as of the filing of the original complaint, Defendant Apple has knowledge
`
`of the ’431 Patent.
`
`19.
`
`Further, on information and belief, Apple had and/or has a policy or practice of
`
`not reviewing the patents of others (including instructing its employees to not review the patents
`
`of others), and has thus remained willfully ignorant of Parus’s patent rights. See, e.g., Apple
`
`Ordered to Pay $370 Million Because Its Engineers Ignored Patents When They Built Face
`
`Time, Yahoo Finance, Nov. 7, 2012 (quoting VirnetX attorney during closing arguments as
`
`saying “Apple says they don’t infringe. But Apple developers testified that they didn’t pay any
`
`attention to anyone’s patents when developing their system.”).
`
`20.
`
`Defendant Apple’s acts of direct infringement of the ’431 Patent are willful, and
`
`have caused and will continue to cause substantial damage and irreparable harm to Parus, and
`
`Parus has no adequate remedy at law.
`
`21.
`
`Various products with Siri made or sold by Apple directly infringe at least
`
`independent claim 1 of the ’431 Patent. Those Apple products include at least the Apple iPhone
`
`X or later models, the Apple iPhone 6s or later models, iPad Pro 12.9 inch (3rd Generation), iPad
`
`Pro 11-inch, iPad Pro 12.9-inch (2nd Generation), iPad Pro 10.5 inch, iPad Pro 9.7 inch, iPad (6th
`
`4
`
`
`
`Generation), all Apple iWatches, all HomePods, CarPlay, MacBook Pro (15 inch, 2018),
`
`MacBook Pro (13-inch, 2018, Four Thunderbolt 3 Ports), MacBook Air (Retina, 13-inch, 2018),
`
`and iMac Pro. (Apple Accused Products). See e.g., https://support.apple.com/en-us/HT209014.
`
`22.
`
`Each of the Apple Accused Products in conjunction with Siri is a system for
`
`retrieving information from pre-selected web sites by uttering speech commands into a voice
`
`enabled device and providing users with retrieved information in an audio form via said voice
`
`enabled device as required by claim 1 of the ’431 Patent. As a way of illustration, the Apple
`
`iPhone X with Siri is a voice enabled device that allows users to utter speech commands into a
`
`voice enabled device and provide users with retrieved information from pre-selected web sites in
`
`an audio form via said voice enabled device:
`
`
`
`
`
`
`See e.g., https://support.apple.com/en-us/HT204389.
`
`
`23.
`
`Siri allows the user to communicate with the iPhone X using voice recognition
`
`and speech synthesis.
`
`5
`
`
`
`
`
`
`See e.g., https://machinelearning.apple.com/2017/08/06/siri-voices.html.
`
`
`
`6
`
`
`
`
`See e.g., https://machinelearning.apple.com/2017/10/01/hey-siri.html.
`
`
`24.
`
`Further, the Apple iPhone X uses the cloud to perform natural language
`
`
`
`processing to understand the user’s spoken commands.
`
`
`
`7
`
`
`
`
`See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-
`without-endangering-user-privacy.
`
`
`
`
`25.
`
`The Apple iPhone X in conjunction with Siri acquires information from and/or via
`
`one or more sources maintaining a listing of web sites. For example, the Apple iPhone X in
`
`conjunction with Siri uses a list of web sites that have been already crawled to obtain
`
`information.
`
`
`
`
`
`
`See e.g., https://support.apple.com/en-us/HT204683.
`
`
`26.
`
`The Apple iPhone X in conjunction with Siri is a voice-enabled device for
`
`providing information retrieved from the web sites to the user in an audio form via the voice-
`
`enabled device.
`
`
`
`8
`
`
`
`
`
`
`See e.g., https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/.
`
`
`27.
`
`The Apple Products in conjunction with Siri includes a computer, said computer
`
`operatively connected to the internet.
`
`28.
`
`For example, the Apple iPhone X has a computer (i.e. microprocessor) in the A11
`
`integrated circuit. https://support.apple.com/kb/sp770?locale=en_US. The A11 integrated
`
`circuit is operatively coupled to the internet. Id. As an additional example, and alternatively, the
`
`Apple iPhone X with built-in Siri has access to computing hardware that processes questions
`
`asked of Siri including 32 powerful HP servers with a total of 1024 cores and 32 terrabytes of
`
`RAM a piece1. Specifically, each instance of Siri is made up of 4 HP c7k enclosures made up of
`
`8 HP server blades each, with memory upgrades to 1TB of RAM. The company also says its
`
`text-to-speech can run on “both general and special purpose microprocessors, and any one or
`
`more processors of any kind of digital computer,” indicating high sophistication and
`
`optimization.
`
`
`1 https://www.cultofmac.com/264381/hardware-siri-runs-puts-new-mac-pro-shame/.
`
`
`9
`
`
`
`
`
`
`
`See e.g., https://www.cultofmac.com/264381/hardware-siri-runs-puts-new-mac-pro-shame/.
`
`29.
`
`Further, the computer is operatively connected to the internet and operatively
`
`connected to the cloud:
`
`See e.g., https://support.apple.com/en-us/HT204389.
`
`30.
`
`The Apple Accused Products in conjunction with Siri includes a voice enabled
`
`device operatively connected to said computer, said voice enabled device configured to receive
`
`speech commands from users. For example, the Apple iPhone X with built-in Siri (controlled by
`
`AI models in the cloud) includes a voice enabled device operatively connected to the computing
`
`10
`
`
`
`hardware, the voice enabled device (the microphone on the Apple iPhone X and associated
`
`processing power) is configured to receive speech commands from users. See e.g.,
`
`https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/.
`
`31.
`
`The Apple Accused Products in conjunction with Siri includes at least one
`
`speaker-independent speech recognition device, said speaker-independent speech recognition
`
`device operatively connected to said computer and to said voice enabled device. For example,
`
`the Apple iPhone X with built-in Siri (controlled by AI models in the cloud) includes at least one
`
`speaker-independent speech recognition device, said speaker-independent speech recognition
`
`device operatively connected to the computing hardware and to the voice enabled Apple iPhone
`
`X. See e.g., https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/.
`
`32.
`
`The Apple Accused Products in conjunction with Siri includes at least one speech
`
`synthesis device, said speech synthesis device operatively connected to said computer and to said
`
`voice enabled device. For example, the Apple iPhone X in conjunction with Siri can handle
`
`voice commands on the device itself or with help from the cloud. See e.g.,
`
`https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/.
`
`33.
`
`The Apple Accused Products in conjunction with Siri includes at least one
`
`instruction set for identifying said information to be retrieved, said instruction set being
`
`associated with said computer, said instruction set comprising. For example, the Apple iPhone X
`
`includes at least one instruction set for identifying the information to be retrieved, the instruction
`
`set being associated with the computer. Because the Apple iPhone X in conjunction with Siri
`
`can handle voice commands on the device itself or with collaboration with the cloud, there is an
`
`instruction set for identifying the information to be retrieved, the instruction set being associated
`
`with the computer.
`
`11
`
`
`
`
`
`
`See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-
`without-endangering-user-privacy.
`
`
`
`
`
`
`
`
`See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-
`
`without-endangering-user-privacy
`
`34.
`
`The Apple Accused Products in conjunction with Siri includes a plurality of pre-
`
`selected web site addresses, each said web site address identifying a web site containing said
`
`information to be retrieved. For example, the Apple iPhone X includes a plurality of pre-
`
`selected web site addresses, and each pre-selected web site address identifying a web site where
`
`the information may be retrieved. These websites have previously been crawled and pre-selected
`
`by Applebot:
`
`12
`
`
`
`
`
`
`
`See e.g., https://9to5mac.com/2015/05/06/apple-search-engine-applebot/.
`
`See e.g., https://support.apple.com/en-us/HT204683.
`
`35.
`
`Further, the Apple iPhone X in conjunction with Siri uses Google and Bing to
`
`assist with finding a plurality of pre-selected web site addresses, each said web site address
`
`identifying a web site containing said information to be retrieved.
`
`See e.g., https://www.fastcompany.com/40475434/siri-may-be-the-big-winner-in-apples-switch-
`
`to-google-for-web-search.
`
`
`
`13
`
`
`
`
`
`
`
`See e.g., https://www.fastcompany.com/40475434/siri-may-be-the-big-winner-in-apples-switch-
`
`to-google-for-web-search.
`
`36.
`
`The Apple Accused Products in conjunction with Siri includes at least one
`
`recognition grammar associated with said computer, each said recognition grammar
`
`corresponding to each said instruction set and corresponding to a speech command. For
`
`example, since the Apple iPhone X in conjunction with Siri can handle voice commands on the
`
`device itself or with help from the cloud, there is a recognition grammar corresponding to each
`
`instruction set and corresponding speech command.
`
`See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-
`
`without-endangering-user-privacy.
`
`14
`
`
`
`
`
`See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-
`
`without-endangering-user-privacy.
`
`37.
`
`The Apple Accused Products in conjunction with Siri includes said speech
`
`command comprising an information request selectable by the user. For example, the Apple
`
`iPhone X in conjunction with Siri is a system for retrieving information from web sites by
`
`uttering speech commands into a voice enabled device. Therefore, the speech commands
`
`comprise information requests selectable by the user.
`
`See e.g., https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/; see also
`
`https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151.
`
`
`
`15
`
`
`
`38.
`
`The Apple Accused Products in conjunction with Siri includes said speaker-
`
`independent speech recognition device configured to receive from users via said voice enabled
`
`device said speech command and to select the corresponding recognition grammar upon
`
`receiving said speech command. For example, the Apple iPhone X includes the speaker-
`
`independent speech recognition device that is configured to receive from users via the voice
`
`enabled device the speech command and to select the corresponding recognition grammar upon
`
`receiving the speech command. Because the Apple iPhone X in conjunction with Siri can handle
`
`voice commands on the device itself or in collaboration with the cloud, there is a recognition
`
`grammar corresponding to each instruction set and corresponding speech command. See e.g.,
`
`https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/;
`
`https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-without-
`
`endangering-user-privacy; https://www.fastcompany.com/40443055/apple-explains-how-its-
`
`making-siri-smart-without-endangering-user-privacy.
`
`39.
`
`The Apple Accused Products in conjunction with Siri includes said computer
`
`configured to retrieve said instruction set corresponding to said recognition grammar selected by
`
`said speaker-independent speech recognition device. For example, the Apple iPhone X includes
`
`computer hardware configured to retrieve the instruction set corresponding to the recognition
`
`grammar selected by the speaker-independent speech recognition device. Because the Apple
`
`iPhone X in conjunction with Siri can handle voice commands on the device itself or in
`
`collaboration with the cloud, a POSITA would understand that there is a recognition grammar
`
`corresponding to each instruction set and corresponding speech command. See e.g.,
`
`https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/;
`
`https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-without-
`
`16
`
`
`
`endangering-user-privacy; https://www.fastcompany.com/40443055/apple-explains-how-its-
`
`making-siri-smart-without-endangering-user-privacy.
`
`40.
`
`The Apple Accused Products in conjunction with Siri includes said computer
`
`further configured to access at least one of said plurality of web sites identified by said
`
`instruction set to obtain said information to be retrieved, aid computer configured to first access
`
`said first web site of said plurality of web sites and, if said information to be retrieved is not
`
`found at said first web site, said computer configured to sequentially access said plurality of web
`
`sites until said information to be retrieved is found or until said plurality of web sites has been
`
`accessed. For example, the Apple iPhone X with built-in Siri is a system for retrieving
`
`information from pre-selected web sites by uttering speech commands into a voice enabled
`
`device. Apple references Siri on its website as the virtual assistant that recognizes voice
`
`commands and executes the requested functions. Siri uses various sources for obtaining
`
`information, by delegating searches to search engines (Bing or Google), by using other websites
`
`such as Yelp, or by accessing any one of several applications on the device. See e.g.,
`
`https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/;
`
`https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-without-
`
`endangering-user-privacy; https://www.fastcompany.com/40443055/apple-explains-how-its-
`
`making-siri-smart-without-endangering-user-privacy.
`
`41.
`
`Further, the Apple iPhone X in conjunction with Siri uses Applebot to crawl a
`
`plurality of web sites.
`
`17
`
`
`
`
`
`
`
`See e.g., https://9to5mac.com/2015/05/06/apple-search-engine-applebot/.
`
`See e.g., https://support.apple.com/en-us/HT204683.
`
`42.
`
`In addition to Applebot, the Apple iPhone X in conjunction with Siri uses Google
`
`and Bing for searches as well. See e.g., https://www.fastcompany.com/40475434/siri-may-be-
`
`the-big-winner-in-apples-switch-to-google-for-web-search;
`
`https://www.fastcompany.com/40475434/siri-may-be-the-big-winner-in-apples-switch-to-
`
`google-for-web-search.
`
`43.
`
`The Apple Accused Products in conjunction with Siri includes said speech
`
`synthesis device configured to produce an audio message containing any retrieved information
`
`from said pre-selected web sites, and said speech synthesis device further configured to transmit
`
`said audio message to said users via said voice enabled device. For example, the Apple iPhone
`
`X includes the speech synthesis device configured to produce an audio message containing any
`
`retrieved information from the pre-selected web sites, and the speech synthesis device further
`
`18
`
`
`
`configured to transmit said audio message to said users via said voice enabled device. Because
`
`the Apple iPhone X in conjunction with Siri can handle voice commands on the device itself or
`
`in collaboration with the cloud, there is a recognition grammar corresponding to each instruction
`
`set and corresponding speech command. See e.g., https://www.macworld.co.uk/how-
`
`to/iosapps/use-siri-iphone-ipad-3495151/; https://www.macworld.co.uk/how-to/iosapps/use-siri-
`
`iphone-ipad-3495151/; https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-
`
`3495151/; https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/;
`
`https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-without-
`
`endangering-user-privacy; https://www.fastcompany.com/40443055/apple-explains-how-its-
`
`making-siri-smart-without-endangering-user-privacy.
`
`44.
`
`In addition to directly infringing the ’431 Patent, Defendant Apple indirectly
`
`infringes the ’431 Patent pursuant to 35 U.S.C. § 271(b). Defendant Apple has had knowledge
`
`of the ’431 Patent since at least the filing of the original complaint. By the time of trial,
`
`Defendant Apple will have known and intended (since receiving such notice) that their continued
`
`actions would actively induce the infringement of the claims of the ’431 Patent.
`
`45.
`
` Defendant Apple indirectly infringes the ’431 Patent by instructing, directing
`
`and/or requiring others, including customers, purchasers, users and developers, to perform one or
`
`more of the steps of the method claims, either literally or under the doctrine of equivalents, of the
`
`’431 Patent, where all the steps of the method claims are performed by either Apple, its
`
`customers, purchasers, users, and developers, or some combination thereof. Apple knew or
`
`should have known that it was inducing others, including customers, purchasers, users, and
`
`developers, to infringe by practicing, either themselves or in conjunction with Apple, one or
`
`more method claims of the ’431 Patent.
`
`19
`
`
`
`46.
`
`Upon information and belief, Defendant Apple knowingly and actively aided and
`
`abetted the direct infringement of the ’431 Patent by instructing and encouraging its customers,
`
`purchasers, users, and developers to use the ’431 Patent methods and technology. These
`
`instructions of encouragement include, but are not limited to, using the Apple Accused Products
`
`as described in the claims of the ’431 Patent, in advertising and promoting the use of the ’431
`
`Patent’s claimed technology, and as further described above.
`
`47.
`
`Defendant Apple has also infringed, and continues to infringe, claims of the ’431
`
`Patent by offering to commercially distribute, commercially distributing, making and/or
`
`importing the Apple Accused Products, which are used in practicing the process, or using the
`
`systems, of the ’431 Patent, and constitute a material part of the invention. Defendant Apple
`
`knows the components in the Apple Accused Products to be especially made or especially
`
`adapted for use in infringement of the ’431 Patent, not a staple article, and not a commodity of
`
`commerce suitable for substantial noninfringing use. For example, the ordinary way of using the
`
`Apple Accused Products infringes the patent claims, and as such, is especially adapted for use in
`
`infringement as set forth above. Accordingly, Defendant Apple has been, and currently is,
`
`contributorily infringing the ’431 Patent, in violation of 35 U.S.C. § 271(c).
`
`
`
`48.
`
`COUNT II
`
`APPLE’S INFRINGEMENT OF U.S. PATENT NO. 9,451,084
`
`Parus restates and incorporates by reference all of the allegations made in the
`
`preceding paragraphs as though fully set forth herein.
`
`49.
`
`Parus is the owner, by assignment, of U.S. Patent No. 9,451,084. A true copy of
`
`U.S. Patent No. 9,451,084 granted by the U.S. Patent & Trademark Office is attached as Exhibit
`
`2.
`
`20
`
`
`
`50.
`
`Defendant Apple has directly infringed, and is continuing to directly infringe,
`
`literally or under the doctrine of equivalents, at least independent claim 1 of Parus’s ’084 Patent
`
`by making, using, selling, and/or offering for sale its Apple smartphone devices with Siri in the
`
`United States, in violation of 35 U.S.C. § 271(a).
`
`51.
`
`At least as of the filing of the original complaint, Defendant Apple has knowledge
`
`of the ’084 Patent.
`
`52.
`
`Further, on information and belief, Apple had and/or has a policy or practice of
`
`not reviewing the patents of others (including instructing its employees to not review the patents
`
`of others), and has thus remained willfully ignorant of Parus’s patent rights. See, e.g., Apple
`
`Ordered to Pay $370 Million Because Its Engineers Ignored Patents When They Built Face
`
`Time, Yahoo Finance, Nov. 7, 2012 (quoting VirnetX attorney during closing arguments as
`
`saying “Apple says they don’t infringe. But Apple developers testified that they didn’t pay any
`
`attention to anyone’s patents when developing their system.”).
`
`53.
`
`Defendant Apple’s acts of direct infringement of the ’084 Patent are willful, and
`
`have caused and will continue to cause substantial damage and irreparable harm to Parus, and
`
`Parus has no adequate remedy at law.
`
`54.
`
`The Apple Accused Products in conjunction with Siri is a system for acquiring
`
`information from one or more sources maintaining a listing of web sites by receiving speech
`
`commands uttered by users into a voice-enabled device and for providing information retrieved
`
`from the web sites to the users in an audio form via the voice-enabled device. For example, the
`
`Apple iPhone X in conjunction with Siri is a voice enabled device:
`
`21
`
`
`
`See e.g., https://support.apple.com/en-us/HT204389; see also,
`
`https://machinelearning.apple.com/2017/08/06/siri-voices.html;
`
`https://machinelearning.apple.com/2017/10/01/hey-siri.html.
`
`
`
`55.
`
`The Apple Accused Products in conjunction with Siri includes at least one
`
`computing device, the computing device operatively coupled to one or more networks. For
`
`example, the Apple iPhone X has a computer (i.e. microprocessor) in the A11 integrated circuit.
`
`https://support.apple.com/kb/sp770?locale=en_US. The A11 integrated circuit is operatively
`
`coupled to the internet. Id.
`
`56.
`
`As an additional example, and alternatively, the Apple iPhone X with built-in Siri
`
`has access to computing hardware that processes questions asked of Siri including 32 powerful
`
`22
`
`
`
`HP servers with a total of 1024 cores and 32 terrabytes of RAM a piece2. Specifically, each
`
`instance of Siri is made up of 4 HP c7k enclosures made up of 8 HP server blades each, with
`
`memory upgrades to 1TB of RAM. The company also says its text-to-speech can run on “both
`
`general and special purpose microprocessors, and any one or more processors of any kind of
`
`digital computer,” indicating high sophistication and optimization.
`
`See e.g., https://www.cultofmac.com/264381/hardware-siri-runs-puts-new-mac-pro-shame/.
`
`57.
`
`Further, the Apple iPhone X in conjunction with Siri is a computing device
`
`operatively coupled to one or more networks.
`
`
`
`
`2 https://www.cultofmac.com/264381/hardware-siri-runs-puts-new-mac-pro-shame/.
`
`
`23
`
`
`
`
`
`See e.g., https://support.apple.com/en-us/HT204389; see also https://support.apple.com/en-
`
`us/HT204389.
`
`58.
`
`The Apple Accused Products in conjunction with Siri includes at least one
`
`speaker-independent speech-recognition device, the speaker-independent speech-recognition
`
`device operatively connected to the computing device and configured to receive the speech
`
`commands. For example, the Apple iPhone X in conjunction with Siri is a speaker-independent
`
`speech-recognition device, the speaker-independent speech-recognition device operatively
`
`connected to the computing device and configured to receive the speech commands. See e.g.,
`
`https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/;
`
`https://machinelearning.apple.com/2017/10/01/hey-siri.html.
`
`59.
`
`The Apple iPhone X in conjunction with Siri can receive and process voice
`
`commands on the device itself or in collaboration with the cloud (via the speech recognition and
`
`AI models).
`
`24
`
`
`
`
`
`
`
`
`
`See e.g., https://www.jameco.com/Jameco/workshop/howitworks/how-siri-works.html.
`
`See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-
`
`without-endangering-user-privacy.
`
`See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-
`
`without-endangering-user-privacy; see also https://machinelearning.apple.com/2017/10/01/hey-
`
`siri.html; https://machinelearning.apple.com/2017/10/01/hey-siri.html.
`
`25
`
`
`
`60.
`
`The Apple Accused Products in conjunction with Siri includes at least one
`
`speech-synthesis device, the speech-synthesis device operatively connected to the computing
`
`device. For example, the Apple iPhone X in conjunction with Siri can handle voice commands
`
`on the device itself or with help from the cloud. See e.g., https://www.macworld.co.uk/how-
`
`to/iosapps/use-siri-iphone-ipad-3495151/; https://www.fastcompany.com/40443055/apple-
`
`explains-how-its-making-siri-smart-without-endangering-user-privacy;
`
`https://machinelearning.apple.com/2017/10/01/hey-siri.html;
`
`https://machinelearning.apple.com/2017/10/01/hey-siri.html;
`
`https://machinelearning.apple.com/2017/10/01/hey-siri.html.
`
`61.
`
`The Apple Accused Products in conjunction with Siri includes a memory
`
`operatively associated with the computing device with at least one instruction set for identifying
`
`the information to be retrieved, the instruction set being associated with the computing device,
`
`the instruction set comprising. For example, the Apple iPhone X in conjunction with Siri is a
`
`computing device that includes a memory. For example, each of the iPhone models are offered
`
`with different memory capacities:
`
`26
`
`
`
`
`
`See e.g., https://support.apple.com/kb/SP779?viewlocale=en_US&locale=en_US.
`
`62.
`
`The Apple Accused Products in conjunction with Siri includes a plurality of web
`
`site addresses for the listing of web sites, each web site address identifying a web site containing
`
`information relevant to a search request to be retrieved. For example, the Apple iPhone X in
`
`conjunction with Siri includes a plurality of web site addresses, each web site address identifying
`
`a web site containing the information to be retrieved. These websites have previously been
`
`crawled by Applebot:
`
`27
`
`
`
`See e.g., https://9to5mac.com/2015/05/06/apple-search-engine-applebot/.
`
`
`
`
`
`See e.g., https://support.apple.com/en-us/HT204683.
`
`63.
`
`Further, the Apple iPhoneX in conjunction with Siri uses Google and Bing to
`
`assist with finding a plurality of web site addresses, each said web site address identifying a web
`
`site containing said information to be retrieved.
`
`See e.g., https://www.fastcompany.com/40475434/siri-may-be-the-big-winner-in-apples-switch-
`
`to-google-for-web-search.
`
`
`
`28
`
`
`
`
`
`See e.g., https://www.fastcompany.com/40475434/siri-may-be-the-big-winner-in-apples-switch-
`
`to-google-for-web-search.
`
`64.
`
`The Apple Accused Products in conjunction with Siri includes at least one
`
`recognition grammar associated with the computing device, each recognition grammar
`
`corresponding to each instruction set and corresponding to a speech command, the speech
`
`command comprising an information request provided by the user, the speaker-independent
`
`speech-recognition device configured to receive the speech command from the users via the
`
`voice-enabled device and to select the corresponding recognition grammar upon receiving the
`
`speech command. For example, because the Apple iPhone X in conjunction with Siri can handle
`
`voice commands on the device itself or with help from the cloud, there is a recognition grammar
`
`corresponding to each said instruction set and corresponding speech command.
`
`See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-
`
`without-endangering-user-privacy.
`
`
`
`29
`
`
`
`
`
`See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-
`
`without-endangering-user-privacy.
`
`65.
`
`Further, the Apple iPhone X in conjunction with Siri is a system for retrieving
`
`information from web sites by uttering speech commands into a voice enabled device.
`
`Therefore, the speech commands comprise information requests selectable by the user. See e.g.,
`
`https://www.macworld.co.uk/how-to/iosapps/
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
