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Infringement Suit Involving Speech Recognition Patent Dismissed Against Rothwell Figg Client TripAdvisor

January 21, 2021

The infringement suit against Rothwell Figg client TripAdvisor involving a speech recognition patent is over, after Mimzi dismissed the infringement suit with prejudice. The move by Mimzi comes after Mimzi chose not to appeal the Patent Trial and Appeal Board (PTAB) decision that found all of the challenged claims of the patent invalid in an IPR filed by TripAdvisor.

Mimzi originally filed suit against TripAdvisor on November 9, 2018, in the District of Delaware, alleging that TripAdvisor infringes claims of U.S. ’981 patent, which describes methods and systems for allowing a mobile device user to make a spoken request for information and to receive in response location-dependent information ranked by social network factors, such as popularity or user ratings. The invention allows a user to ask his mobile device, e.g., “Where is the nearest (best, most popular) Chinese restaurant?” and receive results ranked based on those criteria. In addition to the suit against TripAdvisor, Mimzi filed suit against FourSquare, Asustek, Acer, and HTC also asserting infringement of the ’981 patent.

The district court case was stayed pending resolution of the inter partes review (IPR) which was filed by TripAdvisor with respect to all of the asserted claims of the ’981 patent. On November 12, 2020, the final written decision was issued, finding all of the challenged claims of the ’981 patent invalid. The IPR was argued before the PTAB by Rothwell Figg’s Sharon Davis.

In the stipulation to dismiss, Mimzi said it would not appeal the PTAB’s ruling, and, therefore, agreed to drop all of its claims.

"We are pleased with the PTAB's thorough and well-reasoned rulings holding the Mimzi patent invalid, and that Mimzi has dismissed its complaint against TripAdvisor with prejudice in light of those rulings," Rothwell Figg’s Steven Lieberman told Law360.

TripAdvisor is represented by Rothwell Figg’s Steven Lieberman, Sharon Davis, Brian Rosenbloom, and Michael Jones. The district court case is Mimzi, LLC v. TripAdvisor Inc. et al (1-18-cv-01768).

View Law360’s coverage of the case: “TripAdvisor Beats Speech Recognition IP Suit After PTAB Win” on January 22, 2021 and  “TripAdvisor Scores PTAB Review of Speech Recognition IP” on November 18, 2019.