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Judge excuses himself from new Siri-related patent suit, cites conflict of interest

post #1 of 33
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New York District Court Judge Gary Sharpe on Tuesday recused himself from presiding over a patent case involving the Siri virtual assistant, saying he had an unspecified interest in Apple.

First reported by CNET, the judge stepped down from a patent suit first lodged on Friday with the U.S. District Court for the Northern District of New York, which has limited liability company Dynamic Advances asserting claims against Apple and its Siri voice recognizing assistant.

According to court records, Sharpe pointed to a U.S. Code that requires a judge to recuse themselves if their impartiality to a case "might be reasonably questioned," and subsequently handed the case over to current presiding Judge David Hurd.

At issue in the newest of Apple's mountain of ongoing worldwide litigation is U.S. Patent No. 7,177,798 for a "Natural language interface using constrained intermediate dictionary of results," which is allegedly infringed upon by Siri.

Natural Voice Patent
Operational flowchart from the '789 patent. | Source: USPTO


While the case is being brought against Apple by Dynamic Advances, which claims it is the exclusive licensee of the patent-in-suit, the original IP was invented by a professor and doctoral candidate at Rensselaer Polytechnic Institute.

From the original complaint:

Dynamic Advances is the exclusive licensee to the ?798 Patent. As such, Rensselaer has transferred all substantial rights to the ?798 Patent to Dynamic Advances, including the exclusive right to sue for infringement and recover damages for all past, present, and future infringement.


Dynamic Advnaces does not mention what exactly it does with its licensed patents, however it appears the company is a non-practicing entity as no further information is given on its operations or history.

The claim goes on to say that the '789 patent covers "methods for processing a natural language input," which describes one of Siri's main features: conversational interaction.

According to the complaint, the '789 patent is pervasive, and has allegedly been cited in "more than 93.5% of issued United States patents," including applications filed by HP, Microsoft, IBM and Google. Apple also cited the published IP during the submittal of "no fewer than three patent applications," including a text-to-speech invention and a property directly associated with Siri technology.

Dynamic Advances is seeking damages, reimbursement of court fees and royalties from Apple for the alleged patent infringement.



Apple is no stranger to complaints involving its Siri technology as the company was hit with two class-action lawsuits for falsely advertising the service earlier this year (1, 2). In July, it was reported that a Chinese company was also bringing claims against Siri over infringement of a similar service called Xiaoi Bot.
post #2 of 33
LOL, he would rather recuse himself than sell his shares (presumably that's what it is). And I don't blame him.
post #3 of 33
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Originally Posted by ascii View Post

LOL, he would rather recuse himself than sell his shares (presumably that's what it is). And I don't blame him.

Sounds like a smart judge, I don't blame him either.

 

I would be suspicious of a judge though, if they excused themselves from a RIM patent suit, citing a conflict of interest (stockholder).lol.gif

post #4 of 33
Yeah, but if you get a judge that uses Windows, owns Microsoft stock and uses an Android phone, can he also be impartial?

Can ANYONE truly be impartial when it comes to lawsuits involving companies where the judge and jury actually uses some of the companies' technology or doesn't some of the companies' technology?
post #5 of 33
Quote:
Originally Posted by drblank View Post

Yeah, but if you get a judge that uses Windows, owns Microsoft stock and uses an Android phone, can he also be impartial?
Can ANYONE truly be impartial when it comes to lawsuits involving companies where the judge and jury actually uses some of the companies' technology or doesn't some of the companies' technology?

Almost everybody uses some sort of phone and computer, but I think that the sticking issue is being a stockholder, because then that person has a financial stake in a particular company.

post #6 of 33

Ok, I'm off to bed in a minute or two, but not before I leave my parting thoughts.

 

People and citizens of this country can be glad that I'm not a judge, nor will I ever become a judge. I would probably be so damned biased and I would probably acquit most Apple users of everything, but at least I can admit to my bias.lol.gif

 

Any Fandroid would automatically receive the maximum sentence, regardless of their crime. If this were Russia, I'd ship them off to Siberia for some quality time in that nice, expansive and vast wilderness. There's probably real poor cell coverage and WIFI access in Siberia, but that wouldn't make any difference for Fandroids, as they are hardly on the web with their devices anyway.1biggrin.gif

 

At the end of their sentence, after the Fandroids have repaid their debt to society, they would have to enroll in a 6 month re-education course before they could re-enter civilized society. As a part of this re-education course, they would be taught simple concepts such as "specs do not always tell the whole story", "how to behave on a forum", "how not to be a douche", "how to have some self-respect" and lastly, but not least "how to get a real job, so that you too might somebody be able to afford an Apple device without whining over a couple of dollars". 

 

Ok, I'm done for now. Good night.1smoking.gif


Edited by Apple ][ - 10/25/12 at 1:48am
post #7 of 33
Honest and sensible. Give that judge a raise.
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post #8 of 33
Odd, because whilst I have no absolute historical proof they invented and developed it, I was colleagues with the two lead engineers behind Siri (over 10 years ago whilst they were at SRI) and assumed it was their development. I do know they were doing some remarkably stuff with artificial intelligence techniques. It is odd that Apple are being sued now so long after.
post #9 of 33
Quote:
Originally Posted by Apple ][ View Post

Ok, I'm off to bed in a minute or two, but not before I leave my parting thoughts.

 

People and citizens of this country can be glad that I'm not a judge, nor will I ever become a judge. I would probably be so damned biased and I would probably acquit most Apple users of everything, but at least I can admit to my bias.lol.gif

 

Any Fandroid would automatically receive the maximum sentence, regardless of their crime. If this were Russia, I'd ship them off to Siberia for some quality time in that nice, expansive and vast wilderness. There's probably real poor cell coverage and WIFI access in Siberia, but that wouldn't make any difference for Fandroids, as they are hardly on the web with their devices anyway.1biggrin.gif

 

At the end of their sentence, after the Fandroids have repaid their debt to society, they would have to enroll in a 6 month re-education course before they could re-enter civilized society. As a part of this re-education course, they would be taught simple concepts such as "specs do not always tell the whole story", "how to behave on a forum", "how not to be a douche", "how to have some self-respect" and lastly, but not least "how to get a real job, so that you too might somebody be able to afford an Apple device without whining over a couple of dollars". 

 

Ok, I'm done for now. Good night.1smoking.gif

 

Ha, though I'd argue you were being too lenient. 

 

I honestly don't think I could employ someone who was a Fandroid. What's the law regarding that? Can I discriminate on grounds of mobile choice?! 


Edited by monstrosity - 10/25/12 at 3:44am
post #10 of 33
Quote:
Originally Posted by Oflife View Post

Odd, because whilst I have no absolute historical proof they invented and developed it, I was colleagues with the two lead engineers behind Siri (over 10 years ago whilst they were at SRI) and assumed it was their development. I do know they were doing some remarkably stuff with artificial intelligence techniques. It is odd that Apple are being sued now so long after.

They could have come up with it all on their own, so it wouldn't mean they knowingly stole any IP. Another person/company could still have previously developed/patented a similar usage unbeknownst to your colleagues. 

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post #11 of 33
Quote:
Originally Posted by Apple ][ View Post

As a part of this re-education course, they would be taught simple concepts such as "specs do not always tell the whole story", "how to behave on a forum", "how not to be a douche", "how to have some self-respect" and lastly, but not least "how to get a real job, so that you too might somebody be able to afford an Apple device without whining over a couple of dollars". 

 

 

Funny, considering how from the tone of most of posts, you should be signing yourself up for at least two of those classes (hint: I put them in bold for you).

post #12 of 33
Quote:
Originally Posted by drblank View Post

Yeah, but if you get a judge that uses Windows, owns Microsoft stock and uses an Android phone, can he also be impartial?
Can ANYONE truly be impartial when it comes to lawsuits involving companies where the judge and jury actually uses some of the companies' technology or doesn't some of the companies' technology?

That was my immediate thought. The iHate level is quite amazing out there.
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post #13 of 33
Quote:
Originally Posted by drblank View Post

Yeah, but if you get a judge that uses Windows, owns Microsoft stock and uses an Android phone, can he also be impartial?
Can ANYONE truly be impartial when it comes to lawsuits involving companies where the judge and jury actually uses some of the companies' technology or doesn't some of the companies' technology?

so if a judge has a mercedes he can't be impartial in anything related to them?

post #14 of 33
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Originally Posted by pedromartins View Post

so if a judge has a mercedes he can't be impartial in anything related to them?

 

It would be more a question whether that judge owned stock in Daimler AG.

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post #15 of 33
Originally Posted by drblank View Post
Yeah, but if you get a judge that uses Windows, owns Microsoft stock and uses an Android phone, can he also be impartial?
Can ANYONE truly be impartial when it comes to lawsuits involving companies where the judge and jury actually uses some of the companies' technology or doesn't some of the companies' technology?

 

Yep. Just gotta scoop up some BSD nerds from their dungeon/basement/further words in this regard and teach them law. 

 

Have them hate Google, Apple, and Microsoft equally. That'll be fair. lol.gif

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post #16 of 33
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Originally Posted by ascii View Post

LOL, he would rather recuse himself than sell his shares (presumably that's what it is). And I don't blame him.

Owning stock is not necessarily cause to recuse. Frankly it could merely be that he doesn't want to get crapped on by the blogs etc like Koh and is using this as a way to get out of the job. Or he simply feels he can't be impartial because he's too much of an Apple fan. Maybe he even has family members that work for the company.
post #17 of 33
Quote:
Originally Posted by Oflife View Post

Odd, because whilst I have no absolute historical proof they invented and developed it, I was colleagues with the two lead engineers behind Siri (over 10 years ago whilst they were at SRI) and assumed it was their development. I do know they were doing some remarkably stuff with artificial intelligence techniques. It is odd that Apple are being sued now so long after.

Assuming it was exactly the same conversation thing before Apple bought it, yea and no on the odd. Unlike trademark there is no requirement to sue right off so companies will ignore something if the offending group is small and the pay out will be also. But when a major player with big pockets like Apple comes in, they hit the courts fast and hard, because legally they can
post #18 of 33
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Originally Posted by charlituna View Post


Assuming it was exactly the same conversation thing before Apple bought it, yea and no on the odd. Unlike trademark there is no requirement to sue right off so companies will ignore something if the offending group is small and the pay out will be also. But when a major player with big pockets like Apple comes in, they hit the courts fast and hard, because legally they can

Agreed!

 

No doubt there's many companies that might be infringing on Apple IP, either intentionally or unknowingly. Some of those Apple may be completely aware of, yet not bother with a lawsuit as they're not a competitive danger. Others they may not even know about.

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post #19 of 33
Originally Posted by Gatorguy View Post
Some of those Apple may be completely aware of, yet not bother with a lawsuit as they're not a competitive danger.

 

You ALMOST got me. I had the tab closed before I realized the implications of what this said.

 

No, no.

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post #20 of 33
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Originally Posted by Tallest Skil View Post

 

You ALMOST got me. I had the tab closed before I realized the implications of what this said.

 

No, no.

So you're that certain that RIM doesn't use any Apple IP? 

 

and how about LG's Android phones as another example? Samsung, HTC, and Moto who all had or have high-profile well-reviewed smartphones all got Apple's legal attention, yet the smaller LG doesn't? Not very likely TS.

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post #21 of 33
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Originally Posted by Oflife View Post

 It is odd that Apple are being sued now so long after.

Deeper pockets.

post #22 of 33
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Originally Posted by monstrosity View Post

 

Ha, though I'd argue you were being too lenient. 

 

I honestly don't think I could employ someone who was a Fandroid. What's the law regarding that? Can I discriminate on grounds of mobile choice?! 

I don't see why not.

 

I wouldn't hire anybody who showed up to an interview who was a Fandroid, as that would tell me that their overall mentality is not compatible with what I'm looking for.

 

If somebody shows up to an interview wearing a clown suit, do you think that they would be hired at most businesses and firms? Unless it was for a job at the circus, then the answer is of course not. Is that discrimination?

post #23 of 33
Quote:
Originally Posted by caliminius View Post

 

 

Funny, considering how from the tone of most of posts, you should be signing yourself up for at least two of those classes (hint: I put them in bold for you).

I admit that I can be a slight douche sometimes, though it's usually only towards others who are douches to begin with. I have no problems with out-douching a douche, or out-bullying a bully.

 

I am usually polite towards people who are polite to me.1smoking.gif

post #24 of 33

An honest judge?  Oh my!  I didn't realize there were any left.  Even the SCOTUS judges rule on cases where they have a conflict of interest.

post #25 of 33
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Originally Posted by Apple ][ View Post

I admit that I can be a slight douche sometimes, though it's usually only towards others who are douches to begin with. I have no problems with out-douching a douche, or out-bullying a bully.

 

I am usually polite towards people who are polite to me.1smoking.gif

I don't recall you ever being impolite to me (of all people)1smile.gif

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post #26 of 33
Fair play, an honest judge, who'd have thunk it!
post #27 of 33
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Originally Posted by Gatorguy View Post

I don't recall you ever being impolite to me (of all people)1smile.gif

I don't recall either, so I guess that proves that I'm a pretty nice guy afterall.lol.gif

post #28 of 33
Quote:
Originally Posted by Gatorguy View Post

Agreed!

No doubt there's many companies that might be infringing on Apple IP, either intentionally or unknowingly. Some of those Apple may be completely aware of, yet not bother with a lawsuit as they're not a competitive danger. Others they may not even know about.

Apple goes after anyone that is using their IP the moment they find out about it. As it should be. If there is no cash to be had at least they shut down the activity. Case in point, Psystar.
post #29 of 33
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Originally Posted by Apple ][ View Post

I don't see why not.

 

I wouldn't hire anybody who showed up to an interview who was a Fandroid, as that would tell me that their overall mentality is not compatible with what I'm looking for.

 

If somebody shows up to an interview wearing a clown suit, do you think that they would be hired at most businesses and firms? Unless it was for a job at the circus, then the answer is of course not. Is that discrimination?


Just wow. You forgot to add some lines about being homo, black and Jew.

 

Android is a great system, which allows programming in a great language (Java). While I can do Java as well as OC, and do, while I have a Mac, an iPad and work on GS3/Nexus 7, I find perfectly OK that people prefer, say, Win8. That's called "open minded".

 

I would not choose to work for someone who can't understand that if you prefer same-sex partners or another type of smartphone, it is your PERSONAL PREFERENCE.

I would despise you if I wasn't utterly convinced by now that you're just a troll, and a very good one.

 

Good day, though ^^

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post #30 of 33
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Originally Posted by lightknight View Post


Just wow. You forgot to add some lines about being homo, black and Jew.

 

Android is a great system, which allows programming in a great language (Java). While I can do Java as well as OC, and do, while I have a Mac, an iPad and work on GS3/Nexus 7, I find perfectly OK that people prefer, say, Win8. That's called "open minded".

 

I would not choose to work for someone who can't understand that if you prefer same-sex partners or another type of smartphone, it is your PERSONAL PREFERENCE.

I would despise you if I wasn't utterly convinced by now that you're just a troll, and a very good one.

 

Good day, though ^^

 

We all discriminate, everybody does, IMO. What we discriminate against might vary, but we all do. I really wouldn't believe anybody who denies that they do.

 

If somebody chooses to not shower for two weeks and shows up for an interview, should they be hired? I mean, somebody choosing not to shower is a personal preference is it not? What about a guy who shows up wearing a dress to an interview? What about somebody with a hundred piercings and tattoos all over their face? The fact of the matter is that people's personal choices do affect how other people will perceive them.

 

As for somebody being "homo, black and Jew", I wouldn't have any problem hiring a gay person, if they were qualified, I also wouldn't have a problem with hiring a Black person if they were qualified and I wouldn't have a problem hiring a Jewish person if they were qualified. I probably wouldn't hire somebody that was all three of the above though, because that just strikes me as a rather odd combination, and that person would probably be a very confused individual and bound to have some issues, IMO, and better to be safe than sorry.lol.gif

 

And also, I'm not a programmer, so I'm not going to attempt to get technical or pretend that I have any great knowledge about it, but from everything that I've read, Android is not that great of an OS and Java is part of the reason why there are many poor performing apps. I use a lot of music apps, and Android would never work for me, because of the outrageous latency. I view Android as an amateur OS, and an OS for people on an extreme budget and an OS for people who don't have very high expectations.

post #31 of 33
Props to him.

 

 


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post #32 of 33
Quote:
Originally Posted by lightknight View Post


Just wow. You forgot to add some lines about being homo, black and Jew.

Android is a great system, which allows programming in a great language (Java). While I can do Java as well as OC, and do, while I have a Mac, an iPad and work on GS3/Nexus 7, I find perfectly OK that people prefer, say, Win8. That's called "open minded".

I would not choose to work for someone who can't understand that if you prefer same-sex partners or another type of smartphone, it is your PERSONAL PREFERENCE.
I would despise you if I wasn't utterly convinced by now that you're just a troll, and a very good one.

Good day, though ^^

Apple ][ can attest to my dislike on many positions he's taken but in this case he has a point. Being an Android user doesn't speak to your ability to do a job well but it could speak to how you might make choices in a job directly under him.

One of the things I like about Apple's products over an OS like Android and HW from their vendors is the attention to detail with many of the aspects. Now, that doesn't mean the person using and Android-based device doesn't or can't appreciate a certain level of quality and refinement (or that an iPhone user does) but there are common factors between advocates of each camp.

If I were Apple ][ I would inquire as to why they liked/choose their Android device. Maybe it was something as simple as Sprint was the best carrier of choice and they haven't upgraded, or maybe they are an Java developer (as you mention) before Android came out. There is no absolute pigeonholing that should be done but it could make one question a line of thinking that could be an indicator of something more important.

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post #33 of 33
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Originally Posted by charlituna View Post


Apple goes after anyone that is using their IP the moment they find out about it. As it should be. If there is no cash to be had at least they shut down the activity. Case in point, Psystar.

Then it's good to know only three Android licensees are accused of infringing Apple IP, That leaves Google, Asus, Sony, LG, Huawai and dozens of smaller Android smartphone and tablet builders in the clear.  They obviously don't infringe on anything belonging to Apple or they would have been sued already.

 

Pretty darn obvious that's not true Charlituna, making your claim obviously false.

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