Case 6:21-cv-00968-ADA Document 1 Filed 09/17/21 Page 1 of 33

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION

PARUS HOLDINGS INC.,

Plaintiff,
Case No.: 6:21-cv-00968
v.
JURY TRIAL DEMANDED
APPLE INC.,

Defendant.

PARUS HOLDING INC.’S

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Parus Holdings Inc. (“Parus” or “Plaintiff”) for its Complaint for Patent

infringement (“Complaint”) against Apple Inc. (“Apple” or “Defendant”), hereby alleges as

follows:

THE PARTIES

1. Plaintiff Parus Holdings Inc. is Delaware corporation having its principal place of

business at 3000 Lakeside Drive, Suite 110S, Bannockburn, IL 60015.

2. Parus is the owner by assignment of U.S. Patent No. 6,721,705 (“the ’705

Patent”) (attached as Exhibit 1) and U.S. Patent No. 8,185,402 (“the ’402 Patent”) (attached as

Exhibit 2).

3. Defendant Apple Inc. is a California corporation with a principal place of

business at One Apple Park Way, Cupertino, California 95014.

4. Apple is registered to do business in Texas.

5. Apple has regular and established places of business in this District, including, at

3121 Palm Way, Austin, Texas, 2901 S. Capital of Texas Hwy., Austin, TX, and 12535 Riata
 Case 6:21-cv-00968-ADA Document 1 Filed 09/17/21 Page 2 of 33

Vista Circle, Austin, Texas, and 5501 West Parmer Lane, Austin, Texas. Apple employs

thousands of people, including hundreds of engineers, who work at these locations in Texas. The

work done at these Apple locations in Texas includes work related to Apple’s iPhones, iPads,

iPods and Mac products.

6. Apple also operates brick-and-mortar Apple Stores at Barton Creek Square,

Austin, Texas and at Apple Domain Northside, Austin, Texas. Apple uses, offers for sale and

sells Apple’s iPhones, iPads, iPods and Mac products that include Siri functionality at these

Apple Stores.

7. On information and belief, Apple can be served through its registered agent, CT

Corporation System, 818 W. Seventh Street, Suite 930, Los Angeles, California, 90017.

8. Apple has placed or contributed to placing infringing products like the iPhone 12

into the stream of commerce via an established distribution channel knowing or understanding

that such products would be sold and used in the United States, including in the Western District

of Texas. On information and belief, Apple also has derived substantial revenues from

infringing acts in the Western District of Texas, including from the sale and use of infringing

products like the iPhone 12.

9. Defendant had constructive notice of the ’705 Patent based on Parus’s marking at

least as of 9/17/2015.

10. Defendant had constructive notice of the ’402 Patent based on Parus’s marking at

least as of 9/17/2015.

JURISDICTION AND VENUE

11. This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. Accordingly, this Court has subject matter

jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).

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12. This Court has specific personal jurisdiction over Defendant at least in part

because Defendant conducts business in this Judicial District. Parus’s causes of action arise, at

least in part, from Defendant’s contacts with and activities in the State of Texas and this Judicial

District. Upon information and belief, each Defendant has committed acts of infringement

within the State of Texas and this Judicial District by, inter alia, directly and/or indirectly using,

selling, offering to sell, or importing products that infringe one or more claims of the ’705 Patent

and/or the ’402 Patent.

13. Defendant has committed acts within this District giving rise to this action, and

has established sufficient minimum contacts with the State of Texas such that the exercise of

jurisdiction would not offend traditional notions of fair play and substantial justice.

14. Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391(b), (c), and

1400(b) because (1) Defendant has a regular and established place of business in this Judicial

District, and (2) Defendant has committed and continues to commit acts of patent infringement

in this Judicial District by, inter alia, directly and/or indirectly using, selling, offering to sell, or

importing products that infringe one or more claims of the ’705 Patent and/or the ’402 Patent.

PATENTS-IN-SUIT

15. Parus is the owner, by assignment, of the ’705 Patent, titled “Robust voice

browser system and voice activated device controller.” A true and correct copy of the ’705

Patent granted by the U.S. Patent & Trademark Office is attached as Exhibit 1.

16. Parus is the owner, by assignment, of the ’402 Patent, which is also titled “Robust

voice browser system and voice activated device controller.” A true and correct copy of the ’402

Patent granted by the U.S. Patent & Trademark Office is attached as Exhibit 2.

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17. The ’705 and ’402 patents both relate to “robust and highly reliable” systems for

users to search the internet using voice-enabled devices. ’402 Patent at 1:15–18.1 At the time of

the invention, only a few types of devices were available for searching web sites (i.e.,

conventional computers, PDAs, or web-phones/web-pagers). As explained in the specification,

these devices had numerous limitations, including (i) the form of the devices, their locations, and

their ability to connect to the Internet; (ii) the limited compatibility of the devices with particular

web site designs; and (iii) the devices’ limited responsiveness to rapid changes in website content

(e.g., “[t]he design of the web site may change, the information required by the web site in order

to perform searches may change, and the method of reporting search results may change”). Id. at

2:25–36. Therefore, there was a need for a system that could “detect modifications to web sites

and adapt to such changes in order to quickly and accurately provide the information requested

by a user through a voice enabled device.” Id. at 2:32–36.

18. Voice-enabled searches of the Internet present several unique technological

hurdles. For example, unlike regular browser-based or application-based searches, a voice-

enabled device must limit its results because a user simply cannot listen to an entire page worth

of search results. See id. at 2:37–52. Voice users are especially sensitive to latency and expect

immediate responses to their search requests. Id. at 2:40-42. Indeed, rapid responses are an

essential feature of a voice system’s desirability and usability. Id. at 2:44–47. And “[a] system

that introduces too much delay between the time a user makes a request and the time of response

will not be tolerated by users and will lose its usefulness.” Id.

19. The inventors of the ’705 and ’402 patents were thus presented with a technical

problem: how to quickly provide complete, timely, and relevant web site search results to voice-

1
The ’705 and ’402 patents share a common specification.

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enabled devices, accounting for the rapidly changing nature of web sites and Internet

applications. Id. at 1:61-2:11, 2:20–52.

20. To address this need in the art, the inventors of the Patents-in-Suit developed

specific and concrete ways of solving the technical problems presented by voice-based internet

searching: systems and methods for sequentially accessing web sites based on a ranked order

and periodically polling web sites on the Internet. The Patents-in-Suit are directed to a “robust”

system to provide quick, reliable results to the voice-based user that can access web sites in a

ranked order in response to a voice request and “on its own” discover new web sites by searching

for new sources on the Internet. See, e.g., ’705 Patent at 2:64-3:4; 3:9-12; 3:17-22.

21. When viewed as a whole, the claims of the ’705 and ’402 patents contain

elements, including when viewed as an ordered combination, that are unconventional and were

not routine or not merely a recitation of well-understood technologies or components at the time

of the invention. This fact is underscored by the specification’s clear explanation of the state of

the art and of the need for the inventors’ technological improvement to voice-based internet

searching. The claims recite a specific, discrete implementation of a method and system for

voice-enabled searching of web sites. The claimed inventions were not well-known, routine, or

conventional technologies or components at the time of the invention and represent specific

improvements over the prior art and existing systems and methods. The claimed technology was

not known in the prior art at the time of the invention, let alone well-known, routine, or

conventional.

22. Each of the ’705 and ’402 patents have separate claims. Claims are defined by

their language, and the claims of each Patent-in-Suit vary in scope. For example, claims 1 and 2

of the ’705 Patent relate to an internet browsing system and method, while claims 3 and 4 of the

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’705 Patent relate to a system and method for controlling household devices. Likewise, claim 6

of the ’402 Patent requires the method to periodically poll each web site. No one claim is

representative of every claim in either patent. Although each claim recites a series of elements

that, when taken in combination are not conventional, well-understood, or routine, because the

elements of each claim are vary, the analysis of conventionality will vary as well.

COUNT I

APPLE’S INFRINGEMENT OF U.S. PATENT NO. 6,721,705

23. Parus restates and incorporates by reference all of the allegations made in the

preceding paragraphs as though fully set forth herein.

24. Parus is the owner, by assignment, of the ’705 Patent. A true copy of the ’705

Patent granted by the U.S. Patent & Trademark Office is attached as Exhibit 1.

25. Defendant Apple has directly infringed, and is continuing to directly infringe,

literally or under the doctrine of equivalents, at least independent claim 2 of Parus’s ’705 Patent

by making, using, selling, and/or offering for sale its Apple devices with Siri in the United

States, in violation of 35 U.S.C. § 271(a).

26. At least as of the filing of this complaint, Defendant Apple has knowledge of the

’705 Patent.

27. Various products with Siri made or sold by Apple directly infringe at least

independent claim 2 of the ’705 Patent. Those Apple products include at least the Apple iPhone

6s or later models, iPad Pro 12.9 inch (3rd Generation), iPad Pro 11-inch, iPad Pro 12.9-inch (2nd

Generation), iPad Pro 10.5 inch, iPad Pro 9.7 inch, iPad (6th Generation), all Apple iWatches, all

HomePods, CarPlay, MacBook Pro (15 inch, 2018), MacBook Pro (13-inch, 2018, Four

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Thunderbolt 3 Ports), MacBook Air (Retina, 13-inch, 2018), and iMac Pro. (Apple Accused

Products). See e.g., https://support.apple.com/en-us/HT209014.

28. Each of the Apple Accused Products in conjunction with Siri perform a method

for using voice commands to browse Internet web sites as required by claim 2 of the ’705 Patent.

As a way of illustration, the Apple iPhone X with Siri is a voice enabled device that allows users

to utter speech commands into a voice enabled device and provide users with retrieved

information from pre-selected web sites in an audio form via said voice enabled device:

See e.g., https://support.apple.com/en-us/HT204389. Based on information and belief, those

preselected websites are provided in a database as required by claim 2 of the ’705 Patent.

29. Siri allows the user to communicate with the iPhone X using voice recognition

and speech synthesis.

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See e.g., https://machinelearning.apple.com/2017/08/06/siri-voices.html.

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See e.g., https://machinelearning.apple.com/2017/10/01/hey-siri.html.

30. The Apple iPhone X in conjunction with Siri acquires information from and/or via

one or more sources providing a database storing a list of websites on disk or in memory and

assigning a rank number to each of the web sites and storing the rank number in the database.

For example, the Apple iPhone X in conjunction with Siri uses a list of web sites that have been

already crawled to obtain information.

See e.g., https://support.apple.com/en-us/HT204683.

31. Further, the Apple iPhone X uses the cloud to receive a voice command from a

user and converting the command into a digital data message by performing natural language

processing to understand the user’s spoken commands and convert the command into a digital

data message.

See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-

without-endangering-user-privacy.

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32. The Apple Accused Products in conjunction with Siri includes a CPU based web

browsing system for receiving the digital data message and accessing one of the web sites having

the highest rank number. For example, the Apple iPhone X includes a CPU that identifies the

information to be retrieved. Because the Apple iPhone X in conjunction with Siri can handle

voice commands on the device itself or with collaboration with the cloud, there is a CPU-based

web browsing system for receiving the digital data message and accessing one of the web sites

having the highest ranking as required by claim 2 of the ’705 Patent.

See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-

without-endangering-user-privacy.

See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-

without-endangering-user-privacy

33. The Apple Accused Products in conjunction with Siri provide a database storing a

list of web sites on a disk or memory. For example, the Apple iPhone X includes a plurality of

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pre-selected web site addresses, and each pre-selected web site address identifying a web site

where the information may be retrieved. These websites have previously been crawled and pre-

selected by Applebot:

See e.g., https://9to5mac.com/2015/05/06/apple-search-engine-applebot/.

See e.g., https://support.apple.com/en-us/HT204683.

34. Further, the Apple iPhone X in conjunction with Siri uses Google and Bing to

assist with providing a plurality of pre-selected web site addresses, each said web site address

identifying a web site containing said information to be retrieved. Those web sites are identified

in a ranked order in the database.

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See e.g., https://www.fastcompany.com/40475434/siri-may-be-the-big-winner-in-apples-switch-

to-google-for-web-search.

See e.g., https://www.fastcompany.com/40475434/siri-may-be-the-big-winner-in-apples-switch-

to-google-for-web-search.

35. The Apple iPhone X in conjunction with Siri is a voice-enabled device that

includes a CPU-based web browsing system for receiving the digital data message and accessing

one of the web sites having the highest rank number, the web browsing system including at least

a content extraction agent, a content fetcher, a polling and ranking agent and a content file. The

system provides information retrieved from the web sites to the user in an audio form via the

voice-enabled device.

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See e.g., https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/.

36. The Apple Products in conjunction with Siri include a computer, said computer

operatively connected to the internet.

37. For example, the Apple iPhone X has a computer (i.e., microprocessor) in the

A11 integrated circuit. https://support.apple.com/kb/sp770?locale=en_US. The A11 integrated

circuit is operatively coupled to the internet. Id. As an additional example, and alternatively, the

Apple iPhone X with built-in Siri has access to computing hardware that processes questions

asked of Siri including 32 powerful HP servers with a total of 1024 cores and 32 terabytes of

RAM a piece2. Specifically, each instance of Siri is made up of 4 HP c7k enclosures made up of

8 HP server blades each, with memory upgrades to 1TB of RAM. The company also says its

text-to-speech can run on “both general and special purpose microprocessors, and any one or

more processors of any kind of digital computer,” indicating high sophistication and

optimization.

2
https://www.cultofmac.com/264381/hardware-siri-runs-puts-new-mac-pro-shame/.

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See e.g., https://www.cultofmac.com/264381/hardware-siri-runs-puts-new-mac-pro-shame/.

38. Further, the computer is operatively connected to the internet and operatively

connected to the cloud:

See e.g., https://support.apple.com/en-us/HT204389.

39. The Apple Accused Products in conjunction with Siri serve as a voice enabled

device operatively connected to said computer, said voice enabled device configured to receive

speech commands from users. For example, the Apple iPhone X with built-in Siri (controlled by

AI models in the cloud) includes a voice enabled device operatively connected to the computing

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hardware, the voice enabled device (the microphone on the Apple iPhone X and associated

processing power) is configured to receive speech commands from users. See e.g.,

https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/.

40. The Apple Accused Products in conjunction with Siri include at least one speaker-

independent speech recognition device, said speaker-independent speech recognition device

operatively connected to said computer and to said voice enabled device. For example, the

Apple iPhone X with built-in Siri (controlled by AI models in the cloud) includes at least one

speaker-independent speech recognition device, said speaker-independent speech recognition

device operatively connected to the computing hardware and to the voice enabled Apple iPhone

X. See e.g., https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/.

41. The Apple Accused Products in conjunction with Siri receive web browsing

system response data from the web site with the highest rank number and convert the response

data into an audio message that is transmitted to the user. For example, the Apple iPhone X in

conjunction with Siri is a system for retrieving information from web sites by uttering speech

commands into a voice enabled device. Therefore, the speech commands comprise information

requests selectable by the user.

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See e.g., https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/.

42. The Apple Accused Products in conjunction with Siri include said computer

further configured to access at least one of said plurality of web sites identified by said

instruction set to obtain said information to be retrieved, aid computer configured to first access

the web site with the highest rank number. For example, the Apple iPhone X with built-in Siri is

a system for retrieving information from pre-selected web sites by uttering speech commands

into a voice enabled device. Apple references Siri on its website as the virtual assistant that

recognizes voice commands and executes the requested functions. Siri uses various sources for

obtaining information, including search engines, websites, or apps on a device. See e.g.,

https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/;

https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-without-

endangering-user-privacy.

43. The Apple Accused Products in conjunction with Siri include at least one speech

synthesis device, said speech synthesis device operatively connected to said computer and to said

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voice enabled device for converting response data from a website into an audio message that is

transmitted to a user. For example, the Apple iPhone X in conjunction with Siri can handle

voice commands on the device itself or with help from the cloud. See e.g.,

https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/.

44. Further, the Apple iPhone X in conjunction with Siri uses Applebot to crawl a

plurality of web sites.

See e.g., https://9to5mac.com/2015/05/06/apple-search-engine-applebot/.

See e.g., https://support.apple.com/en-us/HT204683.

45. The Apple iPhone X in conjunction with Siri uses Applebot to crawl a plurality of

web sites, periodically polls each of the web sites, decreases the rank number of the polled web

site if no response is received, if an unexpected response is received, and if a response time of

the polled web site is longer than a second response time of a second polled web site.

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See e.g., https://support.apple.com/en-us/HT204683.

46. In addition to Applebot, the Apple iPhone X in conjunction with Siri uses Google

and Bing for searches as well. See e.g., https://www.fastcompany.com/40475434/siri-may-be-

the-big-winner-in-apples-switch-to-google-for-web-search. For example, the Google search

engine uses a wide variety of polling mechanisms to determine the quality of a webpage and to

change the rank of the site, including using polling digital data message and whether a response

is received from a polled web site. See, e.g.,

https://developers.google.com/search/docs/advanced/guidelines/cloaking;

https://stackoverflow.com/questions/1878364/how-does-google-know-you-are-cloaking;

https://www.google.com/search/howsearchworks/algorithms/ (Quality of content);

https://developers.google.com/search/docs/advanced/guidelines/webmaster-guidelines. Further,

Microsoft’s Bing uses a wide variety of polling mechanisms to determine the quality of a

webpage and to change the rank of the site, including using polling digital data message and

whether a response is received from a polled web site. See, e.g.,

https://www.bing.com/webmasters/help/webmaster-guidelines-30fba23a.

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47. The Apple Accused Products in conjunction with Siri include said speech

synthesis device configured to produce an audio message containing any retrieved information

from said pre-selected web sites; and said speech synthesis device further configured to transmit

said audio message to said users via said voice enabled device. For example, the Apple iPhone

X includes the speech synthesis device configured to produce an audio message containing any

retrieved information from the pre-selected web sites, and the speech synthesis device further

configured to transmit said audio message to said users via said voice enabled device. Because

the Apple iPhone X in conjunction with Siri can handle voice commands on the device itself or

in collaboration with the cloud, there is a recognition grammar corresponding to each instruction

set and corresponding speech command. See e.g., https://www.macworld.co.uk/how-

to/iosapps/use-siri-iphone-ipad-3495151/; https://www.fastcompany.com/40443055/apple-

explains-how-its-making-siri-smart-without-endangering-user-privacy.

48. Defendant Apple has also infringed, and continues to infringe, claims of the ’705

Patent by offering to commercially distribute, commercially distributing, selling, making and/or

importing the Apple Accused Products, which are used in practicing the process, or using the

systems, of the ’705 Patent, and constitute a material part of the invention.

COUNT II

APPLE’S INFRINGEMENT OF U.S. PATENT NO. 8,185,402

49. Parus restates and incorporates by reference all of the allegations made in the

preceding paragraphs as though fully set forth herein.

50. Parus is the owner, by assignment, of the ’402 Patent. A true copy of the ’402

Patent granted by the U.S. Patent & Trademark Office is attached as Exhibit 2.

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51. Defendant Apple has directly infringed, and is continuing to directly infringe,

literally or under the doctrine of equivalents, at least independent claim 1 of Parus’s ’402 Patent

by making, using, selling, and/or offering for sale its Apple devices with Siri in the United

States, in violation of 35 U.S.C. § 271(a).

52. At least as of the filing of the original complaint, Defendant Apple has knowledge

of the ’402 Patent.

53. Various products with Siri made or sold by Apple directly infringe at least

independent claim 1 of the ’402 Patent. Those Apple products include at least the Apple iPhone

X or later models, the Apple iPhone 6s or later models, iPad Pro 12.9 inch (3rd Generation), iPad

Pro 11-inch, iPad Pro 12.9-inch (2nd Generation), iPad Pro 10.5 inch, iPad Pro 9.7 inch, iPad (6th

Generation), all Apple iWatches, all HomePods, CarPlay, MacBook Pro (15 inch, 2018),

MacBook Pro (13-inch, 2018, Four Thunderbolt 3 Ports), MacBook Air (Retina, 13-inch, 2018),

and iMac Pro. (Apple Accused Products). See e.g., https://support.apple.com/en-us/HT209014.

54. The Apple Accused Products in conjunction with Siri perform a method for

retrieving information from web sites by uttering speech commands into a voice enabled device

and for providing to users retrieved information in an audible form via said voice enabled device.

For example, the Apple iPhone X in conjunction with Siri is a voice enabled device:

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See e.g., https://support.apple.com/en-us/HT204389; see also,

https://machinelearning.apple.com/2017/08/06/siri-voices.html;

https://machinelearning.apple.com/2017/10/01/hey-siri.html.

55. The Apple Accused Products in conjunction with Siri includes at least one

computing device, the computing device operatively coupled to one or more networks. For

example, the Apple iPhone X has a computer (i.e., microprocessor) in the A11 integrated circuit.

https://support.apple.com/kb/sp770?locale=en_US. The A11 integrated circuit is operatively

coupled to the internet. Id.

56. As an additional example, and alternatively, the Apple iPhone X with built-in Siri

has access to computing hardware that processes questions asked of Siri including 32 powerful

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HP servers with a total of 1024 cores and 32 terabytes of RAM a piece3. Specifically, each

instance of Siri is made up of 4 HP c7k enclosures made up of 8 HP server blades each, with

memory upgrades to 1TB of RAM. The company also says its text-to-speech can run on “both

general and special purpose microprocessors, and any one or more processors of any kind of

digital computer,” indicating high sophistication and optimization.

See e.g., https://www.cultofmac.com/264381/hardware-siri-runs-puts-new-mac-pro-shame/.

57. Further, the Apple iPhone X in conjunction with Siri provides a computer

operatively coupled to the internet.

3
https://www.cultofmac.com/264381/hardware-siri-runs-puts-new-mac-pro-shame/.

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See e.g., https://support.apple.com/en-us/HT204389.

58. The Apple Accused Products in conjunction with Siri also provide the computer

further being operatively connected to at least one speaker-independent speech recognition

engine and to at least one speech synthesis engine. For example, the Apple iPhone X in

conjunction with Siri is a speaker-independent speech-recognition device, the speaker-

independent speech-recognition device operatively connected to the computing device and

configured to receive the speech commands. See e.g., https://www.macworld.co.uk/how-

to/iosapps/use-siri-iphone-ipad-3495151/; https://machinelearning.apple.com/2017/10/01/hey-

siri.html.

59. The Apple iPhone X in conjunction with Siri provides a voice enabled device

operatively connected to the computer and is configured to receive speech commands from users.

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See e.g., https://www.jameco.com/Jameco/workshop/howitworks/how-siri-works.html.

See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-

without-endangering-user-privacy.

See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-

without-endangering-user-privacy; see also https://machinelearning.apple.com/2017/10/01/hey-

siri.html.

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60. The Apple Accused Products in conjunction with Siri provide a speech command

to the speaker-independent speech recognition engine. Because the Apple iPhone X in

conjunction with Siri can handle voice commands on the device itself or with help from the

cloud, the Apple Accused Products in conjunction with Siri provide the speech command to the

speaker-independent speech recognition engine. See e.g., https://www.macworld.co.uk/how-

to/iosapps/use-siri-iphone-ipad-3495151/.

See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-

without-endangering-user-privacy.

61. The Apple Accused Products in conjunction with Siri have the computer

accessing at least one of a plurality of web sites associated with the speech command to obtain

information to be retrieved , the computer first accessing a first web site of the plurality of web

sites and, if the information to be retrieved is not found at the first web site, the computer

sequentially accessing the plurality of web sites until the information to be retrieved is found or

until the plurality of web sites has been accessed. For example, the Apple iPhone X in

conjunction with Siri includes a plurality of web site addresses, each web site address identifying

a web site containing the information to be retrieved. These websites have previously been

crawled by Applebot:

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See e.g., https://9to5mac.com/2015/05/06/apple-search-engine-applebot/.

See e.g., https://support.apple.com/en-us/HT204683.

62. Further, the Apple iPhoneX in conjunction with Siri uses Google and Bing to

assist with providing a plurality of web site addresses, each said web site address identifying a

web site containing said information to be retrieved.

See e.g., https://www.fastcompany.com/40475434/siri-may-be-the-big-winner-in-apples-switch-

to-google-for-web-search.

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See e.g., https://www.fastcompany.com/40475434/siri-may-be-the-big-winner-in-apples-switch-

to-google-for-web-search.

63. For example, because the Apple iPhone X in conjunction with Siri can handle

voice commands on the device itself or with help from the cloud, the device itself may recognize

a speech command.

See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-

without-endangering-user-privacy.

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See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-

without-endangering-user-privacy.

64. Further, the Apple iPhone X in conjunction with Siri is a system for retrieving

information from web sites by uttering speech commands into a voice enabled device.

Therefore, the speech commands comprise information requests selectable by the user. See e.g.,

https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/.

See e.g., https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/.

65. Also, the Apple iPhone X in conjunction with Siri includes the speaker-

independent speech-recognition device configured to receive the speech command from the users

via the voice-enabled device and to select the corresponding recognition grammar upon receiving

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the speech command. See e.g., https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-

ipad-3495151/; https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-

smart-without-endangering-user-privacy.

66. The Apple Accused Devices in conjunction with Siri includes the computer first

accessing a first web site of the plurality of web sites and, if the information to be retrieved is not

found at the first web site, the computer sequentially accessing the plurality of web sites until the

information to be retrieved is found or until the plurality of web sites has been accessed. For

example, the Apple iPhone X with built-in Siri is a system for retrieving information from pre-

selected web sites by uttering speech commands into a voice enabled device. Apple references

Siri on its website as the virtual assistant that recognizes voice commands and executes the

requested functions. Siri uses various sources for obtaining information, either by delegating

searches to search engines (Bing or Google) or using websites such as Yelp and others, or by

accessing any one of several apps that it has on its device. See e.g.,

https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/;

https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-without-

endangering-user-privacy.

67. Further, the Apple iPhone X in conjunction with Siri use Applebot to crawl a

plurality of web sites.

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See e.g., https://9to5mac.com/2015/05/06/apple-search-engine-applebot/.

See e.g., https://support.apple.com/en-us/HT204683.

68. In addition to Applebot, the Apple iPhone X in conjunction with Siri use Google

and Bing for search as well:

See e.g., https://www.fastcompany.com/40475434/siri-may-be-the-big-winner-in-apples-switch-

to-google-for-web-search.

See e.g., https://www.fastcompany.com/40475434/siri-may-be-the-big-winner-in-apples-switch-

to-google-for-web-search.

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69. The Apple Accused Products in conjunction with Siri include the speech synthesis

engine producing an audio message containing any retrieved information from the web sites and

transmitting the audio message to the users via the voice enabled device. For example, the Apple

iPhone X in conjunction with Siri includes the speech synthesis device configured to produce an

audio message containing any retrieved information from the plurality of web sites, and the

speech synthesis device further configured to transmit said audio message to said users via said

voice enabled device. Because the Apple iPhone X in conjunction with Siri can receive and

process voice commands on the device itself or in collaboration with the cloud, there is a

recognition grammar corresponding to each instruction set and corresponding speech command.

See e.g., https://www.macworld.co.uk/how-to/iosapps/use-siri-iphone-ipad-3495151/.

See e.g., https://www.fastcompany.com/40443055/apple-explains-how-its-making-siri-smart-

without-endangering-user-privacy.

70. The Apple Accused Products in conjunction with Siri include the speech synthesis

device further configured to transmit the audio message to the users via the voice-enabled

device. For example, the Apple iPhone X in conjunction with Siri transmits the audio message

to the user via the voice enabled device. See e.g., https://www.macworld.co.uk/how-

to/iosapps/use-siri-iphone-ipad-3495151/.

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71. Defendant Apple has had knowledge of the ’402 Patent since at least the filing of

the complaint.

72. Defendant Apple has also infringed, and continues to infringe, claims of the ’705

Patent by offering to commercially distribute, commercially distributing, selling, making and/or

importing the Apple Accused Products, which are used in practicing the process, or using the

systems, of the ’705 Patent, and constitute a material part of the invention.

PRAYER FOR RELIEF

WHEREFORE, Parus request the Court grant the relief set forth below:

A. Enter judgment that Defendant has directly infringed, and continues to directly

infringe, one or more claims of the ’705 Patent and/or the ’402 Patent;

B. Order Defendant to account for and pay damages caused to Parus by Defendant’s

unlawful acts of patent infringement;

C. Award Parus the interest and costs incurred in this action; and

D. Grant Parus such other and further relief, including equitable relief, as the Court

deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff demands a jury trial for all issues deemed to be triable by a jury.

Dated: September 17, 2021 Respectfully submitted,

By /s/ Michael N. McNamara w/permission

Andrea L. Fair
Michael N. McNamara – Lead Counsel
Massachusetts BBO No. 665885
[email protected]
Michael T. Renaud
Massachusetts BBO No. 629783
[email protected]

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Case 6:21-cv-00968-ADA Document 1 Filed 09/17/21 Page 33 of 33

Sean M. Casey (PHV motion forthcoming)

Massachusetts BBO No. 705197
[email protected]
MINTZ LEVIN COHN FERRIS GLOVSKY
AND POPEO PC
One Financial Center
Boston, MA 02111
Tel: 617-542-6000
Fax: 617-542-2241
www.mintz.com

Of Counsel:

T. John Ward, Jr.

Texas State Bar No. 00794818
E-mail: [email protected]
Andrea L. Fair
Texas State Bar No. 24078488
E-mail: [email protected]
Claire Abernathy Henry
Texas State Bar No. 24053063
Email: [email protected]
Charles Everingham IV
Texas State Bar No. 00787447
Email: [email protected]
WARD, SMITH & HILL, PLLC
1507 Bill Owens Parkway
Longview, Texas 75604
(903) 757-6400 (telephone)
(903) 757-2323 (facsimile)

Attorneys for Plaintiff Parus Holdings Inc.

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