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NCKU Suit

NCKU Suit

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Published by Mikey Campbell

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Published by: Mikey Campbell on Jul 31, 2012
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07/31/2012

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COMPLAINT FOR PATENT INFRINGEMENT
Page1
IN THE UNITED STATES DISTRICT COURTFOR THEEASTERNDISTRICT OF TEXASMARSHALLDIVISIONNATIONAL CHENG KUNG UNIVERSITYPlaintiff,v.APPLE, INC.Defendant.CIVIL ACTION NO.JURY TRIAL DEMANDEDCOMPLAINT FOR PATENT INFRINGEMENT
PlaintiffNational Cheng Kung University
(“NCKU” or “Plaintiff”)
for its ComplaintagainstApple, Inc.
(“
Apple
” or “Defendant”),
demandsa trial by jury and allegesas follows:
PARTIES
1.PlaintiffNational Cheng Kung Universityisahigher educationinstitutionwith aprincipal address of No. 1, University Road, Tainan, Taiwan,R.O.C.2.On information and belief, DefendantAppleisincorporationunder the laws of California with itsprincipal place of business at1 Infinite Loop, Cupertino, CA 95014.Thisdefendantis registered to do business in the State of Texas andhas appointedCTCorporationSystems,350 N. St. Paul Street, Suite 2900,Dallas, TX 75201, as its agent for service of process.Oninformation and belief,Appleregularly conducts and transacts business in the United States,throughout the State of Texas,and within the Eastern District of Texas,eitheritself and/orthrough one or more subsidiaries, affiliates, business divisions, or business unitsandhascommitted acts of infringementwithin themeaning of 28 U.S.C. § 1400(b).
Case 2:12-cv-00416-JRG-RSP Document 1 Filed 07/27/12 Page 1 of 7 PageID #: 1
 
COMPLAINT FOR PATENT INFRINGEMENT
Page2
JURISDICTION AND VENUE
3.This action arises under the Patent Laws of the United States, namely, 35 U.S.C.§§ 1 et seq. This Court has exclusive subject matter jurisdiction over this action pursuant to 28U.S.C. §§ 1331 and1338(a).4.Venue is proper in this district under 28 U.S.C. §§ 1391(b)(2) and (c) and/or1400(b). On information and belief,Applehastransacted business in this district, and hascommitted acts of patent infringement in this district,by the making, using and/or sellingof devices having avoice activated assistant,including those devices commonly referred to as
iPhones
” and “
iPads
.”
5.On information and belief,Appleis
subject to this Court’s general and specific
personal jurisdiction because:Applehas minimum contacts within the State of Texas and theEasternDistrict of Texasand,pursuant to due process and/or the Texas Long Arm Statute,Applehaspurposefully availeditselfof the privileges of conducting business in the State of Texas andin theEasternDistrict of Texas;Appleregularly conducts and solicits business within the Stateof Texas and within theEasternDistrict of Texas;and causes of action arise directly from
Apple’s
business contacts and other activities in the State of Texas and in theEasternDistrict of Texas.
COUNT IINFRINGEMENT OF U.S. PATENT NO.7,707,032
6.NCKUis the owner of all rights, title and interest to United States Patent No.7,707,032
(“the ‘
032
Patent”) entitled “
Method andSystem for Matching SpeechData
.” The
032Patent was issued onApril 27, 2010after a full and fair examination by the United States
Patent and Trademark Office. The application leading to the ‘
032Patent was filed onOctober20, 2005.
Attached as Exhibit “A” is a copy of the ‘0
32Patent.
Case 2:12-cv-00416-JRG-RSP Document 1 Filed 07/27/12 Page 2 of 7 PageID #: 2
 
COMPLAINT FOR PATENT INFRINGEMENT
Page3
7.
The ‘
032Patent is generally directed toa system used to determine the similaritybetween an input speech data and sample speech date on a touch device, such as smartphone ortablet.8.On information and belief,Applehas
been and now is infringing the ‘
032Patentin the State of Texas, in this judicial district, and elsewhere in the United States by making,using, importing, selling or offering to selldevicesused to determine the similarity between aninput speech dataand sample speech dateouchdevices that incorporate methods, andsystem
units according to the ‘
032Patent. Oninformation and belief,examples of Appleproducts thatinfringe
the ‘
032Patent include, butarenot limited to,all
“iPhone” smartphone
sandall
“iPad”
tabletswhichhave voiceactivated assistant
capabilities otherwise known as “Siri
.
Appleis thus
liable for infringement of the ‘
032Patent pursuant to 35 U.S.C. § 271.9.To the extent that facts learned in discovery show thatApple
’s
infringement of 
the ‘
032Patent is or has been willful,NCKUreserves the right to request such a finding at timeof trial.10.As a result ofApple
’sinfringement of the
032Patent,NCKUhas sufferedmonetary damages in an amount not yet determined, andwill continue to suffer damages in thefuture unlessApple
’s
infringing activities are enjoined by this Court.11.Unless a permanent injunction is issued enjoiningAppleanditsagent, servants,employees, representatives, affiliates, and all others acting onorin active concert therewith from
infringing the ‘
032Patent,NCKUwill be greatly and irreparablyharmed.
COUNT IIINFRINGEMENT OF U.S. PATENT NO.7,266,496
12.NCKUis the owner of all rights, title and interest to United States Patent No.7,266,496
(“the ‘
496
Patent”) entitled “
Speech Recognition System
.” The
496Patent was
Case 2:12-cv-00416-JRG-RSP Document 1 Filed 07/27/12 Page 3 of 7 PageID #: 3

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