Former Colleagues Reunite to Spike Virtual Assistant Patents
A decade and a half after trying cases together at Day Casebeer, Womble Bond's Christian Mammen and Lamkin IP Defense's Rachael Lamkin came together to defend Nuance Communications' virtual assistant, the NINA.
April 09, 2020 at 02:15 PM
4 minute read
A reunion of former Day Casebeer attorneys has led to the disposal of a patent infringement suit over a voice-enabled virtual assistant.
Womble Bond Dickinson partner Christian Mammen and Lamkin IP Defense's Rachael Lamkin practiced together in the mid-2000s at IP boutique Day Casebeer Madrid & Batchelder. The two teamed up to obtain a favorable claim construction ruling, to kill an opposing expert witness with kindness, and ultimately to win summary judgment of noninfringement Tuesday for client Nuance Communications Inc.
Nonpracticing entity Eloqui Voice Systems LLC holds a series of patents on a "Voice User Interface With Personality." The patents were developed by Stanford University professors and once owned by an Intellectual Ventures fund. The asserted claims include "controlling the voice user interface to provide the voice user interface with a personality; wherein [the] personality emulates human verbal behavior for a particular personality."
Eloqui accused the NINA, which Nuance markets as an intelligent virtual assistant that can engage customers "in natural conversations using voice or text."
"A trier of fact would recognize that Eloqui showed that NINA exhibits a 'personality,' and that Nuance infringes," Eloqui argued in opposition to summary judgment signed by Jayson Sohi of Cotman IP Law Group.
Nuance argued, and U.S. District Judge John Kronstadt of the Central District of California agreed, that "personality" has a specific definition in the patents: spoken language characteristics that "simulate the collective character, behavioral, temperamental, emotional, and mental traits of human beings in a way that would be recognized by psychologists and social scientists as consistent and relevant to a particular personality type."
Lamkin then set out to show that Eloqui's expert witnesses could not say that the NINA has a recognized personality type. At deposition, she asked Portland State University linguist Keith Walters how he would describe the NINA's personality to a friend.
"I'm uncomfortable with the way you phrase the question," Walters answered.
"Please rephrase it for me," Lamkin asked.
Walters then gave a lengthy answer in which he said, "I am not assessing personalities. I am talking about what Nuance has done or is doing."
"I think that's fair," Lamkin replied. When reading Walters' report, she said, "I didn't come to the end and say, ah-ha, she's passive aggressive friendly, right?"
"Yes, I agree with you," Walters said, then added, "I am neither trained nor authorized to start attaching labels, certainly not clinical labels, in cases like this. As a human being I see the NINA video and I have a response."
Walters' testimony and a second infringement expert's were "inconsistent with the claim construction in this case," Kronstadt ruled Wednesday in granting summary judgment. It requires "at a minimum" that a psychologist or social scientist can determine whether the language characteristics are "consistent with and relevant to a personality type."
Mammen and Lamkin once went to trial together at Day Casebeer, and when Lamkin worked in-house at OtterBox she called on Mammen as outside counsel. David Greenbaum, Nuance Communications' vice president of litigation and intellectual property, was also part of Nuance's team, along with Womble partner Brenton Babcock.
"It was an honor to represent Nuance, a company willing to stand up to patent monetizers," Lamkin said in a written statement.
"Nuance felt pretty strongly that it, as an innovative company, was going to fight the fight against meritless claims," Mammen said Wednesday, "and we were vindicated by the court's order."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDOJ, 10 State AGs File Amended Antitrust Complaint Against RealPage and Big Landlords
4 minute readApple Agrees to Pay $95 Million Settlement in Siri Voice Assistant Privacy Class Action
Pre-Internet High Court Ruling Hobbling Efforts to Keep Tech Giants from Using Below-Cost Pricing to Bury Rivals
6 minute readLaw Firms Mentioned
Trending Stories
- 1'A Death Sentence for TikTok'?: Litigators and Experts Weigh Impact of Potential Ban on Creators and Data Privacy
- 2Bribery Case Against Former Lt. Gov. Brian Benjamin Is Dropped
- 3‘Extremely Disturbing’: AI Firms Face Class Action by ‘Taskers’ Exposed to Traumatic Content
- 4State Appeals Court Revives BraunHagey Lawsuit Alleging $4.2M Unlawful Wire to China
- 5Invoking Trump, AG Bonta Reminds Lawyers of Duties to Noncitizens in Plea Dealing
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250