Case 2:12-cv-00416-JRG-RSP Document 1

Filed 07/27/12 Page 1 of 7 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

NATIONAL CHENG KUNG UNIVERSITY Plaintiff, v. APPLE, INC.

CIVIL ACTION NO.

JURY TRIAL DEMANDED Defendant.

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff National Cheng Kung University (NCKU or Plaintiff) for its Complaint against Apple, Inc. (Apple or Defendant), demands a trial by jury and alleges as follows: PARTIES 1. Plaintiff National Cheng Kung University is a higher education institution with a

principal address of No. 1, University Road, Tainan, Taiwan, R.O.C. 2. On information and belief, Defendant Apple is incorporation under the laws of

California with its principal place of business at 1 Infinite Loop, Cupertino, CA 95014. This defendant is registered to do business in the State of Texas and has appointed CT Corporation Systems, 350 N. St. Paul Street, Suite 2900, Dallas, TX 75201, as its agent for service of process. On information and belief, Apple regularly conducts and transacts business in the United States, throughout the State of Texas, and within the Eastern District of Texas, either itself and/or through one or more subsidiaries, affiliates, business divisions, or business units and has committed acts of infringement within the meaning of 28 U.S.C. 1400(b).

COMPLAINT FOR PATENT INFRINGEMENT Page 1

Case 2:12-cv-00416-JRG-RSP Document 1

Filed 07/27/12 Page 2 of 7 PageID #: 2

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 28 U.S.C. 1331 and 1338(a). 4. Venue is proper in this district under 28 U.S.C. 1391(b)(2) and (c) and/or

1400(b). On information and belief, Apple has transacted business in this district, and has committed acts of patent infringement in this district, by the making, using and/or selling of devices having a voice activated assistant, including those devices commonly referred to as iPhones and iPads. 5. On information and belief, Apple is subject to this Courts general and specific

personal jurisdiction because: Apple has minimum contacts within the State of Texas and the Eastern District of Texas and, pursuant to due process and/or the Texas Long Arm Statute, Apple has purposefully availed itself of the privileges of conducting business in the State of Texas and in the Eastern District of Texas; Apple regularly conducts and solicits business within the State of Texas and within the Eastern District of Texas; and causes of action arise directly from Apples business contacts and other activities in the State of Texas and in the Eastern District of Texas. COUNT I INFRINGEMENT OF U.S. PATENT NO. 7,707,032 6. NCKU is the owner of all rights, title and interest to United States Patent No.

7,707,032 (the 032 Patent) entitled Method and System for Matching Speech Data. The 032 Patent was issued on April 27, 2010 after a full and fair examination by the United States Patent and Trademark Office. The application leading to the 032 Patent was filed on October 20, 2005. Attached as Exhibit A is a copy of the 032 Patent.
COMPLAINT FOR PATENT INFRINGEMENT Page 2

Case 2:12-cv-00416-JRG-RSP Document 1

Filed 07/27/12 Page 3 of 7 PageID #: 3

7.

The 032 Patent is generally directed to a system used to determine the similarity

between an input speech data and sample speech date on a touch device, such as smartphone or tablet. 8. On information and belief, Apple has been and now is infringing the 032 Patent

in the State of Texas, in this judicial district, and elsewhere in the United States by making, using, importing, selling or offering to sell devices used to determine the similarity between an input speech data and sample speech date ouch devices that incorporate methods, and system units according to the 032 Patent. On information and belief, examples of Apple products that infringe the 032 Patent include, but are not limited to, all iPhone smartphones and all iPad tablets which have voice activated assistant capabilities otherwise known as Siri. Apple is thus liable for infringement of the 032 Patent pursuant to 35 U.S.C. 271. 9. To the extent that facts learned in discovery show that Apples infringement of

the 032 Patent is or has been willful, NCKU reserves the right to request such a finding at time of trial. 10. As a result of Apples infringement of the 032 Patent, NCKU has suffered

monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless Apples infringing activities are enjoined by this Court. 11. Unless a permanent injunction is issued enjoining Apple and its agent, servants,

employees, representatives, affiliates, and all others acting on or in active concert therewith from infringing the 032 Patent, NCKU will be greatly and irreparably harmed. COUNT II INFRINGEMENT OF U.S. PATENT NO. 7,266,496 12. NCKU is the owner of all rights, title and interest to United States Patent No.

7,266,496 (the 496 Patent) entitled Speech Recognition System. The 496 Patent was
COMPLAINT FOR PATENT INFRINGEMENT Page 3

Case 2:12-cv-00416-JRG-RSP Document 1

Filed 07/27/12 Page 4 of 7 PageID #: 4

issued on September 4, 2007 after a full and fair examination by the United States Patent and Trademark Office. The application leading to the 496 Patent was filed on December 24, 2002. Attached as Exhibit B is a copy of the 496 Patent. 13. The 496 Patent is generally directed to a complete speech recognition system

having a training button and a recognition button, and the whole system uses the application specific integrated circuit (ASIC) architecture for the design, and also uses the modular design to divide the speech processing into 4 modules: system control module, autocorrelation and kinear predictive coefficient module, cepstrum module, and DTW recognition module as used with the with a device, such as smartphone or tablet. 14. On information and belief, Apple has been and now is infringing the 496 Patent

in the State of Texas, in this judicial district, and elsewhere in the United States by making, using, importing, selling or offering to sell touch devices that incorporate methods, controllers and gesture units according to the 496 Patent. On information and belief, examples of Apple products that infringe the 496 Patent include, but are not limited to, all iPhone smartphones and all iPad tablets which have voice activated assistant capabilities otherwise known as Siri. Apple is thus liable for infringement of the 496 Patent pursuant to 35 U.S.C. 271. 15. To the extent that facts learned in discovery show that Apples infringement of

the 496 Patent is or has been willful, NCKU reserves the right to request such a finding at time of trial. 16. As a result of Apples infringement of the 496 Patent, NCKU has suffered

monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless Apples infringing activities are enjoined by this Court.

COMPLAINT FOR PATENT INFRINGEMENT Page 4

Case 2:12-cv-00416-JRG-RSP Document 1

Filed 07/27/12 Page 5 of 7 PageID #: 5

17.

Unless a permanent injunction is issued enjoining Apple and its agent, servants,

employees, representatives, affiliates, and all others acting on or in active concert therewith from infringing the 496 Patent, NCKU will be greatly and irreparably harmed. PRAYER FOR RELIEF WHEREFORE, NCKU respectfully requests that this Court enter: A. A judgment in favor of NCKU that Apple has infringed the 032 Patent and the

496 Patent, and that such infringement was willful; B. A permanent injunction enjoining Apple and its officers, directors, agents,

servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in active concert therewith from infringing the 032 Patent and the 496 Patent; C. A judgment and order requiring Apple to pay NCKU its damages, costs,

expenses, and prejudgment and post-judgment interest for Apple infringement of the 032 Patent and the 496 Patent as provided under 35 U.S.C. 284; D. An award to NCKU for enhanced damages resulting from the knowing,

deliberate, and willful nature of Defendants prohibited conduct with notice being made at least as early as the date of the filing of this Complaint, as provided under 35 U.S.C. 284; E. A judgment and order finding that this is an exceptional case within the meaning

of 35 U.S.C. 285 and awarding to NCKU its reasonable attorneys fees; and F. Any and all other relief to which NCKU may show itself to be entitled.

COMPLAINT FOR PATENT INFRINGEMENT Page 5

Case 2:12-cv-00416-JRG-RSP Document 1

Filed 07/27/12 Page 6 of 7 PageID #: 6

DEMAND FOR JURY TRIAL NCKU, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any issues so triable by right.

Dated: July 27, 2012

Respectfully submitted, NATIONAL CHENG KUNG UNIVERSITY /s/ Winston O. Huff Winston O. Huff, Attorney in Charge State Bar No. 24068745 Navarro Huff, PLLC 302 N. Market, Suite 450 Dallas, TX 75202 214.749.1220 (Firm) 214.749.1233 (Fax) whuff@navarrohuff.com ATTORNEY FOR PLAINTIFF NATIONAL CHENG KUNG UNIVERSITY

COMPLAINT FOR PATENT INFRINGEMENT Page 6

Case 2:12-cv-00416-JRG-RSP Document 1

Filed 07/27/12 Page 7 of 7 PageID #: 7

CERTIFICATE OF FILING I hereby certify that on July 27, 2012 I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system.

Respectfully submitted,

/s/ Winston O. Huff Winston O. Huff, Attorney in Charge State Bar No. 24068745 Navarro Huff, PLLC 302 N. Market, Suite 450 Dallas, TX 75202 214.749.1220 (Firm) 214.749.1233 (Fax) whuff@navarrohuff.com ATTORNEY FOR PLAINTIFF NATIONAL CHENG KUNG UNIVERSITY

COMPLAINT FOR PATENT INFRINGEMENT Page 7

JS 44 (Rev. 09/11)

Case 2:12-cv-00416-JRG-RSP Document 1-1

CIVIL COVERFiled 07/27/12 Page 1 of 2 PageID #: 8 SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS
National Cheng Kung University

DEFENDANTS
Apple, Inc.
Santa Clara

(b) County of Residence of First Listed Plaintiff Taiwan, R.O.C.

(EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed Defendant

NOTE:

(IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number)

Winston O. Huff, Navarro Huff PLLC, 302 N. Market, Dallas, TX 75202 214/749-1220
(Place an X in One Box Only)

Attorneys (If Known)

II. BASIS OF JURISDICTION

1 U.S. Government Plaintiff

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff)

(For Diversity Cases Only) PTF Citizen of This State 1 2 3 DEF 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation 5 5 6

3 Federal Question (U.S. Government Not a Party) 4 Diversity (Indicate Citizenship of Parties in Item III)

U.S. Government Defendant

Citizen of Another State

Citizen or Subject of a Foreign Country

IV. NATURE OF SUIT

CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise

(Place an X in One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Med. Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement

FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC 881 690 Other

BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark

OTHER STATUTES 375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes

REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRSThird Party 26 USC 7609

IMMIGRATION 462 Naturalization Application 463 Habeas Corpus Alien Detainee (Prisoner Petition) 465 Other Immigration Actions

V. ORIGIN
1 Original Proceeding

Transferred from 2 Removed from 3 Remanded from 4 Reinstated or 5 another district 6 Multidistrict State Court Appellate Court Reopened Litigation (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

(Place an X in One Box Only)

VI. CAUSE OF ACTION Brief description of cause:

Title 35; 35 USC Sec 271 et seq; 28 USCSecs 1331and 1338(a); 17 USC 101

Caomplaint for Patent and Copyright Infrendgement

CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE IF ANY
DATE

DEMAND $

CHECK YES only if demanded in complaint: Yes No JURY DEMAND: DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

07/27/2012
FOR OFFICE USE ONLY RECEIPT # AMOUNT

/s/ Winston O. Huff

APPLYING IFP

JUDGE

MAG. JUDGE

Print

Save As...

Reset

Case 2:12-cv-00416-JRG-RSP Document 1-1

JS 44 Reverse (Rev. 09/11)

Filed 07/27/12 Page 2 of 2 PageID #: 9

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the defendant is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section (see attachment). II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an X in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an X in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

Case 2:12-cv-00416-JRG-RSP Document 1-2

Filed 07/27/12 Page 1 of 10 PageID #: 10

EXHIBIT A

Case 2:12-cv-00416-JRG-RSP Document 1-2

Filed 07/27/12 Page 2 of 10 PageID #: 11

Case 2:12-cv-00416-JRG-RSP Document 1-2

Filed 07/27/12 Page 3 of 10 PageID #: 12

Case 2:12-cv-00416-JRG-RSP Document 1-2

Filed 07/27/12 Page 4 of 10 PageID #: 13

Case 2:12-cv-00416-JRG-RSP Document 1-2

Filed 07/27/12 Page 5 of 10 PageID #: 14

Case 2:12-cv-00416-JRG-RSP Document 1-2

Filed 07/27/12 Page 6 of 10 PageID #: 15

Case 2:12-cv-00416-JRG-RSP Document 1-2

Filed 07/27/12 Page 7 of 10 PageID #: 16

Case 2:12-cv-00416-JRG-RSP Document 1-2

Filed 07/27/12 Page 8 of 10 PageID #: 17

Case 2:12-cv-00416-JRG-RSP Document 1-2

Filed 07/27/12 Page 9 of 10 PageID #: 18

Case 2:12-cv-00416-JRG-RSP Document 1-2

Filed 07/27/12 Page 10 of 10 PageID #: 19

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 1 of 15 PageID #: 20

EXHIBIT B

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 2 of 15 PageID #: 21

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 3 of 15 PageID #: 22

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 4 of 15 PageID #: 23

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 5 of 15 PageID #: 24

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 6 of 15 PageID #: 25

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 7 of 15 PageID #: 26

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 8 of 15 PageID #: 27

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 9 of 15 PageID #: 28

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 10 of 15 PageID #: 29

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 11 of 15 PageID #: 30

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 12 of 15 PageID #: 31

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 13 of 15 PageID #: 32

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 14 of 15 PageID #: 33

Case 2:12-cv-00416-JRG-RSP Document 1-3

Filed 07/27/12 Page 15 of 15 PageID #: 34