Wrong Papers Filed by Patent Troll in iPhone 5 Speech Recognition Lawsuit

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A 2011 study has shown that Patent Trolls (or Non Practicing Entity (NPE)) cost tech companies $29.

iPhone 5 Speech Recognition

Late last Friday, Texas based Cedatech Holdings, LLC filed a patent infringement lawsuit in Texas Eastern District Court, Judge Amos L. Mazzant presiding, against Apple, using a 2010 patent titled “Integration of Audio or Video Program with Application.” The lawsuit targets Apple’s speech recognition software in the iPhone and iPad, PatentlyApple reported.

However, in the suit Cedatech is asking for judgment to “Award Cedatech all damages to which it is entitled under 35 U.S.C. § 284 resulting from HTC’s infringement, and ordering a full accounting of all damages adequate to compensate Cedatech for the infringement of its patent rights.”

It appears that Tiburon Intellectual Property, Cedatech Holdings’ attorneys, mixed up this lawsuit with the one filed against HTC.

Cedatech, like most patent trolls, is suing multiple companies at the same time. Apple, HTC and Dell are being sued separately and simultaneously.

A 2011 study has shown that Patent Trolls (or Non Practicing Entity (NPE)) cost tech companies $29.

According to the court document, Cedatech’s complaint is as follows: “Apple has directly infringed, and continues to directly infringe, at least one claim of the ‘591 patent [US Patent 7, 707, 591] under 35 U.S.C. § 271, literally and/or under the doctrine of equivalents. Defendant’s infringing acts include, but are not limited to: making, using, selling, and offering to sell its electronic devices. These Apple products, among other infringing features, provide the capability to integrate an audio or video program with a separate application program.

“As one example, Apple currently makes, uses, and sells the Apple iPhone 5. The iPhone 5 infringes at least one claim of the ‘591 Patent, at least by providing an audio speech recognition program. This audio speech recognition program provides input into any separate application program running on the operating system.

“Apple has indirectly infringed at least one claim of the ‘591 Patent, through induced infringement under 35 U.S.C. § 271. Apple is notified of its infringement of the ‘591 Patent as of the filing of this complaint. Nevertheless, Apple continues its acts of indirect infringement by continuing to actively induce consumers to practice the invention claimed in the ‘591 Patent. Apple instructs consumers to use Apple devices with speech input, within the scope of the ‘591 Patent. For example, consumers are induced to use iPhone 5 with speech recognition to provide input into separate application programs.

“Apple’s use of the technology claimed in the ‘591 Patent is without license or authorization from Cedatech.”

The 2010 granted patent was once owned by Talkway Inc. Cedatech Holdings, LLC (Cedatech) acquired the patent and is now the owner of the ‘591 Patent and has all rights to enforce it.

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