Apple loses voice recognition patent suit in China, faces legal challenges over Siri
A Beijing court has affirmed the validity of a voice recognition patent -- held by China's Shanghai Zhizhen Network Technology Co. -- that Apple is accused of infringing with Siri, clearing the way for the resolution of a long-pending intellectual property case that could see the personal digital assistant muted in China.
Beijing's No. 1 Intermediate People's Court ruled on Tuesday that China's Patent Review Committee made the correct choice when upholding a patent covering Zhizhen's "Little I Robot" application, a "chat robot system" similar to Siri. Apple disagrees and will appeal, according to the Wall Street Journal.
"Unfortunately, we were not aware of Zhizhen's patent before we introduced Siri and we do not believe we are using this patent," an Apple spokeswoman told the publication. "While a separate court considers this question, we remain open to reasonable discussions with Zhizhen."
Zhizhen first filed suit against Apple in a Shanghai court in 2012, and the iPhone maker responded by seeking a review of the patent. That review went against Apple, at which time the company sued both the Patent Review Committee and Zhizhen in Beijing.
Both parties appear to be open to settling the matter in order to avoid the same kind of drawn-out litigation Apple was forced into over its iPad trademark in China. Apple eventually paid some $60 million to Shenzhen Proview Technology in order to settle that case.
"The most important thing is to ensure [Zhizhen's] rights," Zhizhen lawyer Yuan Yang said. "The company doesn't have a specific economic request. In the end, it might be that the two sides could cooperate to deal with the problem and reach a win-win result."
Beijing's No. 1 Intermediate People's Court ruled on Tuesday that China's Patent Review Committee made the correct choice when upholding a patent covering Zhizhen's "Little I Robot" application, a "chat robot system" similar to Siri. Apple disagrees and will appeal, according to the Wall Street Journal.
"Unfortunately, we were not aware of Zhizhen's patent before we introduced Siri and we do not believe we are using this patent," an Apple spokeswoman told the publication. "While a separate court considers this question, we remain open to reasonable discussions with Zhizhen."
Zhizhen first filed suit against Apple in a Shanghai court in 2012, and the iPhone maker responded by seeking a review of the patent. That review went against Apple, at which time the company sued both the Patent Review Committee and Zhizhen in Beijing.
Both parties appear to be open to settling the matter in order to avoid the same kind of drawn-out litigation Apple was forced into over its iPad trademark in China. Apple eventually paid some $60 million to Shenzhen Proview Technology in order to settle that case.
"The most important thing is to ensure [Zhizhen's] rights," Zhizhen lawyer Yuan Yang said. "The company doesn't have a specific economic request. In the end, it might be that the two sides could cooperate to deal with the problem and reach a win-win result."
Comments
Patents can cut both ways it would seem. It is interesting to see how patents can actually be impediments to technology advancements, especially from the standpoint of patent trolling in which vultures with no product sit and wait to pounce on companies who actually make things.
In this case it looks like Apple knows it is on the losing end of the stick and is willing to settle. That being said, however, I cannot bring myself to trust any legal ruling out of a totalitarian country like China.
[I]"Unfortunately, we were not aware of Zhizhen's patent before we introduced Siri and we do not believe we are using this patent," an Apple spokeswoman told the publication.[/I]
Its a communist country, the court is an arm of the state and will rule whichever way it is told to. It is used as a weapon of business and profit not the rule of law.
I mean CHINA...
It's interesting in the video how much Apple's siri button resembles the prior art.
You actually might have it backwards, as they didn't include that microphone icon until 2012, when Apple had it in 2011 and before. (this coming from the actually WSJ article, not this one on this page)
That a patent existed first doesn't equal that the tech is being used. Which is why Apple's statement they don't believe they are using this patent.
Frankly to me the solution is simple. Remove Siri in China. Because the Chinese courts have shown that they will always try to squeeze Apple.
Is there a suit over the Siri-equivalent on Android in China?
Additional perspective on this is that Apple did not invent Siri - they bought it. It originated in 2003, as DARPA contracted SRI International to create a virtual assistant. It is something that Apple had wanted since it's mid-1980s concept of the Knowledge Navigator. Many hands and lawyers have been in Siri's development since 2003. A situation like this is thus rather surprising.
I agree! The button looks just like the Siri button. Hmmmmm.
Does Google make Google Now available in China? From what I've found in a quick search they do not.
This article is a bit thin on facts. Is there a link to see the original patent filing? Or was it filed in China and they don't have an online patent database?
Historically, North American technology companies have had little luck trying to stop software piracy and patent abuse in China. But when a Chinese company holds a patent, the courts there suddenly find a way to uphold patent law. Funny how that works.
But anyways, if the patent does predate any patents related to Siri (and the technology it's based on), then it should be upheld. I just don't see any information one way or another showing that.
Meanwhile, Xiaomi and other clowns in China are ripping off Apple unimaginably! Apple should switch Siri engines by iOS 8.1 and tell this little troll to piss off. They already have everything in place with all the voice recognition hires.
If you want to do business in China, you have to abide by their rules. They may be unfair, arbitrary, absurd, laughably ridiculous, but this is the biggest growth market and Apple wants to be there, so... That's just the way it is. Apple just needs to put up with what they very well know is a government-sanctioned shakedown.
"Unfortunately, we were not aware of Zhizhen's patent before we introduced Siri and we do not believe we are using this patent," an Apple spokeswoman told the publication. "While a separate court considers this question, we remain open to reasonable discussions with Zhizhen."
How refreshing.
Or you could be Samsung and just say "nuh uh" and do it anyway.
As soon as Apple acquired it, Siri became the focus of many Apple-hater attacks. Nothing polarizes the tech elite like the adjective "Apple's".
IP searches in China are an effing nightmare (I know as I've had to do them for work).
Though I'm suprise Apple have got caught out by it but you soon learn don't mess with Chinese on their own patch.
Is it just a language barrier or is their patent system just hard to search?
If you have several companies separately working towards the same goal, you are bound to get the same results more or less.
This offers a little more detail
http://en.apdnews.com/news/103839.html
The patent was apparently applied for in 2004 and granted in 2006. According to the lawsuit SRI didn't begin Siri development until 2007.