Apple responded to the patent loss: Still in discussion with Zhi Zhen

Recently, the First Intermediate People's Court of Beijing has ruled in its first instance that the patent of "Little i Robot" of Shanghai Zhizhen Network Technology Co., Ltd. (hereinafter referred to as Zhizhen) continues to be valid. This means that after Apple sued the State Intellectual Property Office Patent Reexamination Board and Shanghai Zhi Zhen lost. Two years ago, Zhi Zhen company that Apple voice interactive system Siri infringement of its patent and filed a lawsuit. For the present result, some media interpret it as "Siri or disabled in China". Apple yesterday accepted an interview with Southern Metropolis said that Apple took the intellectual property seriously and will continue to consult with Zhi Zhen reasonable.

Litigation lit in two places

In the past two years, the case of Zhi Zhen and Apple has actually started in two courts.

First, Zhizhen filed a lawsuit in Shanghai Court in June 2012 on the alleged infringement of the intellectual property rights of its "Little i Robot" by Apple Computer Trading (Shanghai) Co., Ltd. on July 2 of the current year Japan and August 2 held two hearings, there is no conclusion.

Since then, Apple to the State Intellectual Property Office Patent Reexamination Board to apply for "i-robot" patent invalid. The review committee shall make a decision after hearing and maintain the validity of the patent right. Apple refused to accept the case and initiated an administrative lawsuit with the State Intellectual Property Office. The company took part in the proceedings as a third party. The lawsuit was the first instance lawsuit filed by the Beijing First Intermediate People's Court three days ago, which found that the patent rights for the "Little i-Robot" continue to be valid. According to the court's official microblogging revealed information, Apple filed an appeal in court.

In a reply given to journalists from Southern Metropolitan Area, Apple emphasized that "another court is still considering this issue," referring to the pending lawsuits initiated by Zhi Zhen in Apple Shanghai in Shanghai two years ago.

Apple said still in discussion with Zhi Zhen

According to this logic, the defeat is actually the defeat of Apple as plaintiff, and in the Shanghai lawsuit, Apple is the defendant.

In reply, Apple pointed out that "Apple is convinced that we must protect innovation and treat intellectual property seriously." And frankly, "Unfortunately, we did not know the company's patents before the launch of Siri." He also stressed that Apple believes the company Did not use the patent. "We will also continue to hold an open attitude and consult with Zhi Zhen reasonable."

A legal person familiar with patent disputes told reporters to the south that combining the two lawsuits of Apple and Chi Zhen Company, the current situation should be divided into three layers. First, Apple hopes the court finds that the patent for "i-Robot" is invalid, but the court ruled that Apple had failed, and Apple continued to file an appeal.

Second, the Beijing No.1 Intermediate People's Court of First Instance ruled that there was no connection between "whether Apple infringed upon the patent of Zhizhen Company" or not and that the relevant litigation was still being conducted in Shanghai and that no result was yet.

Thirdly, it remains unclear whether Siri will be banned because the core infringement suit has not yet been pronounced. If you refer to Apple's reply, there are still possible out of court settlement, which should be involved in the issue of compensation, which can refer to Apple and Proview on iPad trademark lawsuit in China.

Proview case settlement of the gold 388 million yuan

About Apple's litigation involved in China, the most famous was the case with Proview two years ago.

On June 25, 2012, Guangdong Higher People's Court sent a civil mediation letter to both parties, ending the patent dispute between Apple and Proview. Subsequently, Apple, according to the requirements of the conciliation statement to the Guangdong High Court designated account transfer 60 million US dollars (about 380 million yuan).

Although this figure is far from the $ 400 million (about 2.4 billion yuan) that Proview hopes, it still has aroused great waves in the industry. According to the attorney Xie Xianghui Provisional at the time introduced the process of coordination between the two sides is very difficult, Apple initially proposed settlement price of 100 million yuan, the only crown is 400 million US dollars, and then both to the middle price "close" and eventually 60 million The dollar reached the same price.

Yang Qun, chief analyst of war strategy for consulting agencies, believes that the lawsuits of Apple and Proview provided the basis for various subsequent litigation. However, it is almost certain that Apple could not ban the iPad and will not let Siri in China The market is disabled. The reply mentioned "reasonable consultation with the company Zhizhen", coupled with the precedent of the Proview case, the possibility of reconciliation the most, the key is the price issue. In response, to the Southern Press at the time of writing, Apple and Zhizhen companies did not discuss the amount of money involved and other issues described.

Apple and Proview's Golden Retriever Saw

During the negotiation, the first settlement made by Apple was 1 million yuan, then 100 million yuan.

Provisional first proposed reconciliation amount of 1 billion US dollars (about 6 billion yuan), and later dropped to 400 million US dollars (about 2.4 billion yuan), because at that time the only thing on the body as much as 400 million US dollars of debt.

In the end, the two parties reached a settlement of 60 million U.S. dollars (about 380 million U.S. dollars).