New progress has been made in the case of Apple’s claim of 10 billion yuan: at present, the case has been formally accepted by Shanghai Higher People’s court, and the case has entered the trial stage. < / P > < p > for apple, once it loses the lawsuit, it will not only face the loss compensation of 10 billion yuan, but also the Siri function of Apple may be suspended in China due to patent infringement. < p > < p > on August 3, xiaoi robot (Shanghai Zhizhen Intelligent Network Technology Co., Ltd., hereinafter referred to as “Zhizhen company”) announced that it had filed a lawsuit with the court to require apple to stop the Siri (Intelligent Assistant) patent infringement, “including but not limited to, requiring apple to stop manufacturing, using, selling and importing” products that infringe relevant patent rights And claim 10 billion yuan for losses. < p > < p > according to the national enterprise credit information publicity system, “Shanghai Zhizhen Intelligent Network Technology Co., Ltd.” was established in August 2009 with Yuan Hui as its legal representative. Its business scope includes “technology development and technical services in the field of network technology and information technology”. In August 2004, Shanghai yingsi Software Technology Co., Ltd. and Yuan Hui filed a patent application for “a chat robot system (application No.: zl9.9)” in August 2004 and obtained the patent authorization in July 2009. In October 2015, the patentee was changed to Zhizhen company. < / P > < p > after verification by the observer network, the patent information in cnipa system is consistent with that claimed by Zhizhen company. According to Zhizhen company, “a chat robot system” is one of the basic patents of China’s human-computer interaction intelligent robot. It has completely independent intellectual property rights. It can command the robot to complete tasks in formatted language and complete chat dialogue in natural language. < / P > < p > in terms of time, “a kind of chat robot system” was patented before Apple acquired Siri and installed it into smart devices. < / P > < p > “first come, then come” is the principle of patent right granting. Then the key point of this case is whether Siri is within the “range” of Zhizhen patent. < p > < p > on August 1, 2013, at the second hearing of the case, apple admitted that the US patent (12 / 987982) it applied for was related to Siri. The expert opinion of Shanghai Pudong intellectual property judicial appraisal center also believes that the technical solution falls into the patent protection scope of “a chat robot system” (zl9.9). < / P > < p > one is a positive response, that is to say, in the lawsuit, Siri has nothing to do with Zhizhen’s patent, but this is obviously contrary to the fact that Apple has admitted. < / P > < p > the other is out of court settlement, with a sum of money acceptable to the other party to solve the problem, so that the other party withdraws the lawsuit. For example, in 2009, Proview sued apple for trademark infringement of iPad. The case ended in a settlement between the two parties, and apple paid Proview $60 million. The reason is that the relevant judicial interpretation stipulates that if the patent right in dispute in a patent infringement case is declared invalid, the case will be rejected by the court. < / P > < p > the “second battlefield” opened up by Apple has led to the focus of both parties’ dispute from “whether Apple has infringed the patent right” to “whether the patent right of Zhizhen company is valid”, and an eight year long tug of war has begun. In November 2012, apple claimed to the patent reexamination member of the State Intellectual Property Office that the patent of “a chat robot system” of Zhang Zhizhen was invalid. In November 2013, apple filed an administrative lawsuit to request the court to revoke the relevant decisions of the Patent Reexamination Board. However, the court of first instance did not support Apple’s claim, and still held that Zhizhen’s patent was valid, which was their second victory. < p > < p > in July 2014, apple filed an appeal and continued to request to declare the patent right of Zhizhen company invalid. After hearing the case, the manager of the court of second instance supported the appeal, rescinded the decision of the first instance and determining the validity of Zhizhen’s patent, and asked the Patent Reexamination Board to make a new decision on the request for invalidation. In June 2020, that is, three and a half years later, the Supreme People’s court revoked the second instance judgment and maintained the first instance judgment, that is, the judgment was changed to recognize that the patent of Zhizhen company was valid. < p > < p > after many years, Zhizhen company’s patent right was finally restored, and got the opportunity to “fight again” with apple and get rid of the reputation of “China bumping monster”. Yuan Hui, founder, chairman and CEO of Zhizhen company, said, “this is a great victory for Chinese enterprises to win patent rights in the face of American giants. Xiaoi robot has fought for eight years to protect intellectual property rights, and has finally proved the strength of Chinese companies. ” In response, apple said, “we are disappointed that little I has filed another lawsuit. The independent appraiser, certified by the Supreme People’s court, has also concluded that Apple has not infringed on the technology of xiaoi robot. ” < / P > < p > “we are disappointed with Apple’s” disappointment. ” Ding Chen, deputy lawyer of Zhizhen company, told observer.com, “on the basis of this justice (the Supreme Court’s judgment), we file a lawsuit of infringement and safeguard legitimate rights and interests according to law. What’s the disappointment?” < / P > < p > “as for the conclusion drawn by Apple referring to the so-called independent appraiser certified by the Supreme People’s Court of the people’s Republic of China, Apple has neither disclosed which independent appraiser is nor the text of the conclusion. It’s hard to tell the truth from the false. ” After the announcement of Zhizhen’s lawsuit against apple, some netizens were puzzled and thought that the action of “claiming 10 billion yuan” was suspected of “touching porcelain” and “rubbing against heat”. < / P > < p > “after apple used Siri, we soon filed our first infringement lawsuit. The first lawsuit was filed eight years ago. In terms of time line, patents come first and apple uses them later. At present, the validity of this patent right of xiaoi robot has been confirmed, which needs to be protected according to law. Under this premise, we will protect Apple’s rights in accordance with the law. ” However, Zhizhen said that Apple’s infringement has lasted for more than eight years, causing heavy losses to its own side. The claim of 10 billion yuan is only temporary, “the actual loss is far greater than the amount of the claim object in this lawsuit.”. According to the patent law, the amount of compensation for infringement of patent right shall be determined according to the actual loss suffered by the obligee due to the infringement; if the actual loss is difficult to determine, it can be determined according to the benefit obtained by the infringer due to the infringement. < p > < p > previously, Apple’s chief financial officer, Luca Maestri, reported sales of about $9.3 billion in Greater China. However, for apple, this is less than one sixth of its sales in China in a quarter. < / P > < p > in addition, China judicial documents website also shows that there are only 17 public judgment documents involving Zhiyi company, among which only one is a previous patent dispute with apple, and the remaining 16 are not related to patent disputes. At the same time, according to the measures for payment of litigation costs formulated by the State Council, if the property involved in a civil case is 10 billion yuan, the case acceptance fee is about 50 million yuan, and the execution cost after winning the case is about 10 million yuan. According to the industrial and commercial information, the registered capital of Zhizhen company is about 22 million.