NCKU Suit

COMPLAINT FOR PATENT INFRINGEMENT – Page 1

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

NATIONAL CHENG KUNG UNIVERSITY

Plaintiff,

v.

APPLE, INC.

Defendant.

CIVIL ACTION NO.

JURY TRIAL DEMANDED

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).

Case 2:12-cv-00416-JRG-RSP Document 1 Filed 07/27/12 Page 1 of 7 PageID #: 1


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 Court’s 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

Apple’s business contacts and other activities in the State of Texas and in the Eastern District of

Texas.

COUNT IINFRINGEMENT 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.



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 Apple’s 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 Apple’s 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 Apple’s 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 IIINFRINGEMENT 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



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 Apple’s 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 Apple’s 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 Apple’s infringing activities are enjoined by this Court.



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.



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 ChargeState Bar No. 24068745Navarro Huff, PLLC302 N. Market, Suite 450Dallas, TX 75202214.749.1220 (Firm)214.749.1233 (Fax)[email protected]

ATTORNEY FOR PLAINTIFFNATIONAL CHENG KUNGUNIVERSITY



CERTIFICATE OF FILING

I hereby certify that on July 27, 2012 I electronically filed the foregoing documentwith the Clerk of the Court using the CM/ECF system.

Respectfully submitted,

/s/ Winston O. Huff

Winston O. Huff, Attorney in ChargeState Bar No. 24068745Navarro Huff, PLLC302 N. Market, Suite 450Dallas, TX 75202214.749.1220 (Firm)214.749.1233 (Fax)[email protected]

ATTORNEY FOR PLAINTIFFNATIONAL CHENG KUNGUNIVERSITY


JS 44 (Rev. 09/11) CIVIL COVER SHEETThe 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 providedby 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 initiatingthe civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

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

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff)(For Diversity Cases Only) and One Box for Defendant)

’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4

of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionment’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce

& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 470 Racketeer Influenced and’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizations

Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit (Excl. Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV

’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commodities/ of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange

’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Mgmt. Relations ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Actions’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 740 Railway Labor Act ’ 864 SSID Title XVI ’ 891 Agricultural Acts’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 751 Family and Medical ’ 865 RSI (405(g)) ’ 893 Environmental Matters’ 196 Franchise Injury ’ 385 Property Damage Leave Act ’ 895 Freedom of Information

’ 362 Personal Injury - Product Liability ’ 790 Other Labor Litigation Act Med. Malpractice ’ 791 Empl. Ret. Inc. ’ 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS ’ 899 Administrative Procedure’ 210 Land Condemnation ’ 440 Other Civil Rights ’ 510 Motions to Vacate ’ 870 Taxes (U.S. Plaintiff Act/Review or Appeal of ’ 220 Foreclosure ’ 441 Voting Sentence or Defendant) Agency Decision’ 230 Rent Lease & Ejectment ’ 442 Employment Habeas Corpus: ’ 871 IRS—Third Party ’ 950 Constitutionality of’ 240 Torts to Land ’ 443 Housing/ ’ 530 General 26 USC 7609 State Statutes’ 245 Tort Product Liability Accommodations ’ 535 Death Penalty IMMIGRATION’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 462 Naturalization Application

Employment ’ 550 Civil Rights ’ 463 Habeas Corpus -’ 446 Amer. w/Disabilities - ’ 555 Prison Condition Alien Detainee

Other ’ 560 Civil Detainee - (Prisoner Petition)’ 448 Education Conditions of ’ 465 Other Immigration

Confinement Actions

V. ORIGINTransferred fromanother district(specify)

(Place an “X” in One Box Only)’ 1 Original

Proceeding’ 2 Removed from

State Court’ 3 Remanded from

Appellate Court’ 4 Reinstated or

Reopened’ 5 ’ 6 Multidistrict

Litigation

VI. CAUSE OF ACTIONCite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause:

VII. REQUESTED IN COMPLAINT:

’ CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint:JURY DEMAND: ’ Yes ’ No

VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Case 2:12-cv-00416-JRG-RSP Document 1-1 Filed 07/27/12 Page 1 of 2 PageID #: 8

JS 44 Reverse (Rev. 09/11)

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 requiredby 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 theuse 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 civilcomplaint 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 onlythe 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, givingboth 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 thetime 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 condemnationcases, 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, notingin 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 oneof 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 theConstitution, 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 box1 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 ofthe 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 sectionfor 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, issufficient 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 ofsuit, 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 petitionfor 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 multidistrictlitigation 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 thisbox is checked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s 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 statutesunless 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 numbersand the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.


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