Potter Voice Technologies, LLC v. Apple Inc.

ORDER DENYING APPLE INC.’S MOTION TO DISMISS (Docket No. 175)

' In this patent infringement case, Defendant Apple Inc. (Apple) moves to dismiss Plaintiff Potter Voice Technologies, LLC’s (PVT) willful and induced infringement claims against Apple. PVT opposes. The Court finds this matter suitable for disposition without oral argument pursuant to Civil Local Rule 7-11. Having considered the papers submitted, the Court DENIES Apple’s motion.

FACTUAL BACKGROUND

PVT is a Colorado corporation. Docket No. 153-2, Third Amended Complaint (3AC) ¶ 1. Apple is a California corporation. Id. ¶ 2. In 2010, Apple acquired a corporation called Siri, Inc., which in 2007 “spun off’ from SRI International, the company that invented the Siri product now used on Apple’s iPhone 4S and other similar products. Id. ¶¶ 24, 26. On July 19, 2012, PVT filed its 3AC against Apple,alleging infringement of U.S. Patent No. 5,729,659 (the ’659 patent) through Apple products containing Siri and Google Voice Search. 1 Docket No. 153-2. The 3AC alleges that Apple induced its customers to infringe the ’659 patent and did so willfully. Id. ¶ 25, 27 .

PVT’s willfulness allegations are as follows:

Id. ¶27 . All of…