The hottest little I robot v. Apple Siri was rejec

2022-08-03
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Small I robot's lawsuit against Apple Siri was rejected

the birth of Siri in iPhone 4S undoubtedly made apple very popular, but it also caused some legal disputes because it involved many technical problems. Among them, Shanghai Zhizhen company sued apple for Siri's infringement of its small I robot patent

after a period of silence, Siri returned to the public's view with a ruling issued by the Shanghai No. 1 Intermediate People's court a few days ago. The lawsuit of Zhizhen company was dismissed by ruling. This is also the first case in which the Supreme People's court's interpretation on Several Issues concerning the application of law in the trial of patent infringement disputes (II) (hereinafter referred to as the judicial interpretation (II)) has applied this judicial interpretation to reject the plaintiff's lawsuit since it came into force on April 1, 2016

the lawsuit that Shanghai Zhizhen company sued apple for infringing its small I robot patent on the ground that the static and dynamic friction coefficients of plastic film, sheet, rubber, paper, escort belt, tire and other materials during sliding need to be measured by Siri

xiaoi robot refers to Siri's infringement

the plaintiff Shanghai Zhizhen Intelligent Network Technology Co., Ltd. (hereinafter referred to as Zhizhen company) is the patentee of a chat robot system. One of the patented products is called xiaoi robot, which can intelligently complete various functions such as chatting with customers, weather query, map query, ticket query, etc

and the Siri function of iphone4s, which Apple began to sell on a large scale in China in 2012, is also an intelligent application. Apple station introduces that it can understand what you mean, know which programs to use to talk with you, and find the answer for you through the network

after comparative analysis, Zhizhen company believes that Apple's Siri function illegally uses Zhizhen's patented technology, and Siri's technical solution falls within the protection scope of the patent claimed by Zhizhen, constituting patent infringement. In September, 2012, Zhizhen company filed a lawsuit with the first intermediate people's Court of Shanghai after it hoped that the dispute could not be resolved through coordination

Apple sued Zhizhen for patent invalidation.

two months after the Shanghai No. 1 Intermediate People's court accepted the patent infringement dispute, apple began to take the initiative to attack the patent dispute. In november2012, apple applied to the Patent Reexamination Board of the State Intellectual Property Office to declare the invention patent of a chat robot system claimed by Zhizhen invalid

in September 2013, one material set 15 Guinness Records... This strange material is not a dream month in science fiction. The Patent Reexamination Board made an examination decision to maintain the validity of the patent. Apple refused to accept the decision of the Patent Reexamination Board and instead filed an administrative lawsuit with the No. 1 Intermediate People's court in Beijing

due to Apple's lawsuit in Beijing No. 1 Intermediate People's court, Shanghai No. 1 Intermediate People's court ruled to suspend the trial of the ongoing dispute between Zhizhen and apple over infringement of invention patent

on july8,2014, the first intermediate people's court in Beijing made an administrative judgment to uphold the decision to review the request for invalidation against the administrative lawsuit filed by apple, and apple continued to appeal to the Beijing high court

on April 21, 2015, the Beijing High Court revoked the first instance judgment of Beijing No. 1 Intermediate People's Court on the ground that the patent involved had obvious substantive defects, and also revoked the decision made by the Patent Reexamination Board of the State Intellectual Property Office. The final judgment of the court also required the intellectual property office to make a reexamination decision on the invention patent right of the chat robot system

the first intermediate people's Court of Shanghai, after learning the final judgment of Beijing, resumed the trial of the patent infringement dispute case of Zhizhen v. apple. Just at this time, the judicial interpretation of the Patent Law (II) of the Supreme People's court was promulgated and implemented

first adjudication and separate prosecution

in view of the long cycle of patent litigation, the judicial interpretation (II) has designed a system of first adjudication and separate prosecution, that is, after the Patent Reexamination Board has made the decision to declare the patent invalid, the court hearing patent infringement disputes can rule to dismiss the prosecution without waiting for the final result of administrative litigation, and provide the obligee with judicial relief through separate prosecution

in this case, although the Patent Reexamination Board made an administrative decision to maintain the effectiveness of the plaintiff's patent right, the effective judgment of the judicial organ has denied the decision of the Patent Reexamination Board

the first intermediate people's Court of Shanghai held that according to the principle of judicial finality, the plaintiff's patent right has been in great doubt, so that it cannot show that it has a direct interest in the case. According to the provisions of the civil procedure law, the plaintiff who brings a civil action should be citizens, legal persons and other organizations that have a direct interest in the case

accordingly, Shanghai No. 1 Intermediate People's court, in accordance with the civil procedure law and by analogy, applied the provisions of the above judicial interpretation and ruled to reject the lawsuit of the plaintiff Zhizhen company

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