U n i t e d S t a t e s D i s t r i c t C o u r t
F o r t h e N o r t h e r n D i s t r i c t o f C a l i f o r n i a
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Siri responded to each question correctly. Id. The presenter stressed that Siri can understand general words and “conceptual questions,” and respond by “get[ting] answers, find[ing] facts and even perform[ing] complex calculations.” Id. ¶ 33-34. The presenter noted that Siri was still in “beta” and that one couldn’t ask Siri everything. Docket No. 33-3 at 72:56, 82:49, 86:41.
Around the same time, Apple issued a press release touting Siri. ACAC ¶ 33. The press release stated, “iPhone 4S also introduces Siri, an intelligent assistant that helps you get things done just by asking. Siri understands context allowing you to speak naturally when you ask it questions.” Id. The press release listed a number of Siri’s functions, noting that it could help “make calls, send text messages or email, schedule meetings and reminders, make notes, search the Internet, find local businesses, get directions and more.” Id. I.
Apple’s marketing campaign featuring Siri Shortly after the announcement of the iPhone 4S and Siri, Apple began a marketing campaign of presentations, e-mail solicitations, and video demonstrations highlighting Siri’s performance and functionalities. See id. ¶¶ 5-6. Apple sent out emails to potential consumers showcasing Siri. For example, on or about October 4, 2011, Apple sent out an iPhone 4S pre-order email that included a link to a video on Apple’s website demonstrating Siri’s capabilities. Id. ¶¶ 36-37. During
The Court previously granted Apple’s request for judicial notice as to these documents and others to which this order refers. See Docket No. 68 at 12-13.
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