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HomeHome > Judicial Development > US&UK > Patent

TouchPal Settles with Nuance in 337 Investigations

Post time：12-12 2013 Source：China IP News Author：
tags： 337 investigation
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As the CEO of Shanghai CooTek, an emerging mobile device software provider, Wang Jialiang and his team have just went through a patent dispute with Nuance, the globally recognized mobile phone input software manufacturer. In December 2012, Nuance filed 337 investigations on the ground of patent infringement under US International Trade Commission (ITC) against CooTek. Months later, ITC ruled in favor of CooTek, no infringement instituted. Nuance negotiated actively with CooTek, and a settlement achieved.

This victory patent dispute let Wang Jialiang more confident to explore American market. "The case came after a failed acquisition of CooTek, being Nuance's competitor is just a reflection of our potential strength." Quoted Wang Jialiang.

Founded in 2008, CooTek dedicates itself to improving the usability, functionality and overall value of mobile devices via the innovative software. Before started his own business, Wang Jialiang joined Microsoft in 2005 as a project manager, being responsible for Windows server and tools development and designing. In the past decade, Nuance has developed into a mobile phone input software supplier giant, by merger and acquisition of small-sized input software companies and has possessed numbers of patent in this field.

However, the former paralleled two companies came to face to face confrontation. On December 17, Nuance filed a patent infringement suit against CooTek under Delaware district court and claimed compensation. Three days later, Nuance brought the case to the ITC and requested 337 investigation on CooTek and issue general exclusion order, on the ground that Nuance's 5 patents have been violated.

In the following days, Wang Jialiang and his legal team worked out a set of rigorous coping plan. Yin Qingyu the team leader told CIP News that in order to win the case, there are 3 key points to breakthrough. "Nuance's patents in the case are invalid, CooTek's products are rightful, CooTek's business doesn't involve import and the Nuance has no industry in US." says Yin. After thorough consideration and argument, the legal team decided to prove Nuance's patents are invalid and CooTek's are clean. "One of the most important thing to do is to find out the already published documents." Yin says.

Wang Jialiang decided not to sit in silence but fight in full strength. "Innovation capacity and IPR awareness among domestic enterprises have been enhancing progressively, they start to play positive role in international IPR disputes. For those who determined to explore the oversea markets, IPR should always be the priority on the company agenda. CooTek is not the first one being investigated by ITC and will not be the last one. The only way out is to fight back." Says Wang Jialiang.

On January 25, 2013, ITC initiated the 337 investigations. On March 18, CooTek presented convincing documents to ITC. Nuance dropped charge of one patent infringement on May 8.

On June 2013, engineers from CooTek gave detailed explanations to Nuance's attorney about the functions and operational principles of CooTek's product TouchPal. On July 15, Nuance dropped three other patent violation charges, and then seeks settlement.

 "I must say that all the team are satisfied of this final end. The settlement not only saves up the expensive legal costs, but also removes the barriers access the American markets. It's a wise choice to stand up and fight back." Says Wang Jialiang. In his eyes, one thing to solve the IPR dispute is to choose a professional legal team.
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