Apple's lawsuit in China: Siri, Snow Leopard sued for infringement

Perhaps the slogan of “Big Tree” has caused Apple to face a series of lawsuits in China. Yesterday, Apple had just paid a $60 million “reconciliation fee” to Proview, which was once again accused by the iPhone 4S of its latest feature, Siri, for alleged patent infringement. From the compensation of King Kong’s $3.65 million, Apple’s trademark and patent disputes in China have not stopped. Globally, Apple has also been sued by Japanese Fujitsu and Cisco Systems. Apple not only gathered a large industrial chain, it seems to have formed a parasitic ecological chain. This also reflects the fact that China is not weaker than the world trend in terms of technological innovation, but it appears to be in awkward position in the application and promotion of patented technologies.

Proview “eats” Apple’s 60 million US dollars hard to reach 400 million U.S. dollars in debt. Proview still “bite” to an apple, though it is not that big.

Yesterday, the Guangdong Provincial Higher People's Court (hereinafter referred to as "Guangdong High Court") announced that Apple has reached a settlement with Shenzhen Proview on the iPad trademark case, and Apple paid 60 million U.S. dollars to Shenzhen Proview.

Guangdong Higher Court had already served a civil mediation document to Shenzhen Proview and Apple on June 25, and the mediation book has been officially put into effect. According to the mediation agreement, Apple needs to transfer 60 million U.S. dollars to the account designated by the Guangdong High Court.

At this point, the uproar of the iPad China trademark case in the past two years ended in a settlement, and Proview’s series of lawsuits against Apple Inc. and its distributors will also be terminated. The biggest obstacle to Apple's new IPR listing in China has been eliminated. Apple's new iPad has passed the domestic 3C certification and domestic telecommunications network access licenses.

This storm began in October 2010. At that time, Hejun Venture Company released an open letter to the United States Apple Inc., accusing Apple of flagrantly infringing on the trademark rights of the iPad computer registered by Proview Technology (Shenzhen) Company in 2001 and demanding that Apple immediately stop the infringement. He Jun Entrepreneurial Threaten said that it would promote the joint efforts of eight creditor banks, including Bank of China and Minsheng Bank, and Proview, to jointly request the State Administration for Industry and Commerce to shut down Apple’s infringing products.

According to the announcement made by Proview International at the time, the net amount of Proview's current liabilities was 2.87 billion yuan, and the loans of 3.8 billion yuan were overdue, and the liabilities to the eight largest banks were about 180 million US dollars. At that time, Proview's assets had been sealed up by banks. The eight major banks such as Bank of China, Minsheng Bank, China Development Bank, Guangdong Development Bank, Bank of Communications, Pudong Development Bank, Huaxia Bank and Shenzhen Ping An Bank became the actual beneficiaries of the iPad trademark.

Hejun Entrepreneur President Li Su (microblogging) was commissioned by eight banks to serve as a debt restructuring consultant for Shenzhen Proview. After evaluating the assets of Shenzhen Proview, it was discovered that Shenzhen Proview had no valuable assets other than an empty shell, with the exception of the only iPad trademark.

When Li Su was interviewed by the "First Financial Daily" yesterday, he said that the initial bargaining price expressed by Apple was 3 million to 5 million U.S. dollars. At the time, the psychological floor price of Proview was 50 million U.S. dollars to 100 million U.S. dollars. Reconciliation sincerity.

Chairman Yang Rongshan of Proview said that this is the result of a multi-rounded game between the two sides. Although he is not satisfied with the amount of reconciliation but can accept it, the opponent is extremely strong. What he has is not Apple's main trademark and he can win it. The result is already difficult.

“This is the highest price that Apple has communicated since it was communicated for more than a year.” Prosecutor attorney Xie Xianghui also told this newspaper that the process of reconciliation is quite difficult. According to its disclosure, during the first instance, Apple was only willing to set aside RMB 1 million to settle the expenses, but when it was second-instance, it only increased to RMB 10 million. "Slowly talk about slowly raising the price."

He told the newspaper that Proview’s expectation is about US$400 million, which would roughly be able to pay off all of Proview’s debts. Shenzhen Proview’s total liabilities are about US$400 million. "The result is now the best result that can be obtained."

The settlement will also solve more problems for Proview. Xie Xianghui said that the conditions for the reconciliation of trademark rights include Apple's revocation of related lawsuits against Proview in Hong Kong.

Yang Rongshan said that Shenzhen Proview will combine the settlement fee paid by Apple and the current fixed assets owned by Shenzhen Proview to repay the debt. Li Su also said that the creditors will also negotiate how to allocate the payments made by Apple.

Intellectual property lawyer You Yunting (Weibo) believes that the iPad trademark lawsuit will force multinational corporations to recognize that business management in China and other countries and regions are not the same business management and judicial standards, which may drive up foreign companies in China Transaction costs, because the iPad trademark traded the inspiration is that the acquisition in China requires a more detailed due diligence, otherwise it may face the default of local companies. "If Apple delayed the release of the iPad product in the early stages of the acquisition and gave the IP team sufficient time to complete the transfer of the Chinese trademark, it would probably not be necessary to spend this $60 million fee."

Apple was accused of being accused of patent infringement by Siri. Apple is facing a series of lawsuits in China.

However, this is still not finished. A number of "premeditated" cases are being staged. Yesterday, the "First Financial Daily" confirmed from a court in Shanghai that it had received a complaint from Shanghai Zhirong Network Technology Co., Ltd. (hereafter referred to as Zhizhi Network). Apple Computer Trading (Shanghai) Co., Ltd. and United States Apple Inc.

Wisdom Networks believes that Siri in Apple’s iPhone 4S infringed its patented invention (ZL200410053749.9). According to our reporter’s patent search by the State Intellectual Property Office of China, the patent for “a chat robot system” was filed on August 13, 2004 and the announcement date was February 15, 2006.

In the public description of the patent, the patentees were identified as Shanghai Winsight Software Technology Co., Ltd. and Yuan Hui, who is also the legal representative of Zhisheng Network. They are all related to an application known as "Little Robot" which is familiar to people using MSN tools. On the company's website, Yuan Hui is known as the "Father of Chinese Network Robots" and Chairman of Xiaoyi Robot. In addition, Xiaoli Robot’s product partners include companies such as Lenovo Smart TV, China Mobile (Weibo), Jingdong Mall and Shanghai Human Resources and Social Security Bureau.

If it is not January 13, 2012, iPhone 4S in the Chinese market for large-scale sales, it may be Zhisheng network and Apple company does not have much relationship. However, on the Apple website, the new Siri feature of the iPhone 4S is described as follows: "It can understand what you say, it can understand what you mean, and it knows which programs to use to talk to you. It Find answers for you online."

It is precisely this sentence that allows Zhizhi Network to think that Siri is also an intelligent network robot product and allegedly infringes on its patents. Subsequently, the company purchased two iPhone 4S mobile phones on April 28th, 2012. After a comparative analysis, it was found that the implementation plan of Siri in the iPhone 4S fell into the scope of protection of its invention patents.

Zhisheng Network subsequently sent a lawyer letter to Apple in May 2012, hoping to resolve this patent dispute through negotiation, but Apple did not reply after signing the letter. On June 21, 2012, Zhisheng Network filed a patent litigation in a Shanghai court, and on June 26, the court issued a notice of acceptance and filing mediation. The court person confirmed that the case was in the pre-accusation stage.

However, the case did not involve the amount, but asked the court to confirm Apple's infringement, and bear the legal costs. However, informed sources revealed that this may be just a litigation strategy. Once the court confirms infringement, it can raise a claim again, or negotiate with Apple in accordance with this, and the amount is likely to exceed the iPad trademark case.

In fact, this is not the first patent litigation initiated by China to Apple. In 2005, Cai Yaohua, a patentee of "a smart audio server," discovered that the iPod series sold by Apple had the same large-capacity audio storage capability, editing, and playback capabilities as its patents. The methods and effects were basically the same, except for materials. Dimensions, capacities, and sizes have differences or extensions that fall within the scope of their patent claims. Including later iPads, iPhones, and other products that contain the functionality of all iPods, he insists that these also infringe his patent rights.

Cai Yaohua revealed that Apple had communicated with him whether he could purchase a patent settlement of US$300,000, but Mr. Cai believes that his patent is not less than US$6 million. After several rounds of negotiations without results, Cai Yaohua proposed to Wuhan Intermediate People's Court in January 2008 that he stopped Apple's infringement and filed a court order with the court to impose a fine. However, Apple quickly applied to the State Intellectual Property Office for Cai Yaohua's invention patent invalid and was approved. Cai Yaohua then filed an administrative lawsuit against the decision of the Patent Reexamination Board of the State Intellectual Property Office. After the first trial, the second instance was still pending.

However, in the opinion of Li Yi (microblogging), executive vice chairman and secretary-general of the China Mobile Internet Industry Alliance, these are chaos in the industry because the huge compensation for Apple has inspired a lot of people, so it caused a lot of followers. effect. “There are some 'useless patents' at home and abroad. They may not have any direct practical use, but when other companies develop products that involve it, they will be required to pay huge patent fees.” Li Yi believes that Winning a patent and waiting for a rabbit will not achieve long-term vitality.

"The key is still to come up with a good product to speak." Li Yi believes that products like "little robots" can not compete with Apple's Siri. Of course, there are also companies like Newspeak that might be getting a share of Apple's hot products. "Apple has redefined the tablet, but other companies may not be able to benefit from it. Siri may also be like this."

On the official website of Xiaoyi Robot, a quote from Yuan Hui was quoted as saying: “Chinese intelligent voice interaction is a huge market and a gold mine that needs to be tapped, but only those enterprises that have accumulated and considered sustainable development for a long time, Only in this way can China's 'Siri' technology be better developed and become the 'Siri' representing China."

Jiangsu Snow Leopard Sues Apple Snow Leopard Infringement Recently, Jiangsu Snow Leopard Daily Chemical Co., Ltd. ("Jiangsu Snow Leopard") filed a civil complaint with the Shanghai Pudong New District People's Court and sued Apple Computer Trading (Shanghai) Co., Ltd. (hereinafter referred to as "Apple Trading Company"). ) Infringe on its "Snow Leopard" trademark rights. At present, the court has accepted the case and will hold a hearing on July 10.

In the lawsuit, Jiangsu Snow Leopard asked Apple to stop all infringements, publicly apologize, and compensate 500,000 yuan.

Jointly indicted are Beijing Zhide Diankang E-commerce Co., Ltd., Shanghai Meiya Trading Co., Ltd., Shanghai Haodang Buy Trade Co., Ltd., and Jiangyin Huahai Network Technology Co., Ltd. that are responsible for the company's snow leopard product promotion and sales.

According to media reports, Tong Yu, chairman of Jiangsu Snow Leopard, has registered 42 Snow Leopard trademarks in various categories since 1994. In particular, the "Snow Leopard" trademark that Tong Yu registered in the third category of goods in 1997 was recognized as a well-known trademark in China in 2008; in addition, the "Snow Leopard Electric" registered by Tong Yu in the ninth category in 2000 ("Electrical appliances" are not within the scope of exclusive rights).

According to statistics, Jiangsu Snow Leopard was established in 2002 with a registered capital of RMB 15.68 million. Its main business is oral chemicals, hair chemicals, air fresheners, insect repellent products, and bath liquids.

However, in addition to its main business, Tong Yu stated that Jiangsu Snow Leopard also runs software and digital IT businesses, and Jiangsu Snow Leopard also has registered trademarks for the above businesses, such as “Snow Leopard Electric”, “Snow Leopard Digital” and “Snow Leopard Software”. Wait, and invest funds for publicity.

Jiangsu Snow Leopard introduced that Apple had applied to the Trademark Office of the State Administration for Industry and Commerce in October 2008 for the registration of the ninth "SNOW LEOPARD" trademark, but was rejected by the Bureau. The reason may be that Jiangsu Snow Leopard has registered similar trademarks. However, Jiangsu Snow Leopard said that under this circumstance, Apple Corp. still named its "SNOW LEOPARD" operating system sold in the Chinese market as "Snow Leopard" and was suspected of infringement.

It is understood that SNOW LEOPARD is an operating system that Apple began to launch in August 2009.

Zhao Occupy of the Intellectual Property Center of the China University of Political Science and Law told China Business News that the case found Apple infringement very difficult. He pointed out that Apple's trademark is the English alphabet, and Snow Leopard used Chinese and its Pinyin, it is difficult to identify infringement. However, if Apple's sellers use the "Snow Leopard" trademark for promotion, it may constitute infringement.

According to the statistics, the ninth snow leopard trademark applied by Jiangsu Snow Leopard is composed of the Chinese character “Snow Leopard” and Pinyin “XUEBAO”, while the trademark marked by Apple’s official website in China is only “SNOW LEOPARD” in English.

Beijing Yonghua (Shanghai) Law Firm Liu Yongpei told this newspaper that multinational companies are particularly vulnerable to intellectual property issues in terms of transnational management, and that they should strengthen their internal management and trademark management systems, otherwise losses will continue to increase.

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