In public statements, AllVoice has pretended to be a producer of voice recognition software. They are not. They are a consulting firm which wrote a small interface managment program and is now using interface patents to extract rents from those who write real voice recognition software.
The director of AllVoice, John Mitchell, has taken an active role in the patent-political process in UK.
While AllVoice was fighting L&H, they got a motion of support for their patents and their fight put down by MPs in the UK parliament.
Since then Mitchell has appeared on Patent Office panels and discussions when they have wanted an archetypal "little guy who won through".
Mitchell is also involved in a scheme for state subsidized patent litigation which is being promoted by UK patent activists in the EU.
Allvoice's home town Devon is an unemployment blackspot, and the description of them as a tiny company in speech-recognition in an unemployment blackspot who were saved by their patents and have now licensed their technology is bang on.
In the context of the discussions about the proposed Software Patent Directive in the European Parliament in 2002/03, the rapporteur Arlene McCarthy MEP (UK Labour), who is closely cooperating with the pro-patent forces in the UK government, has repeatedly referred Allvoice as a model case which demonstrates that "the small patently needs protection". This was also written into her report to the European Parliament:
This claim scope was only slightly narrowed during examination and litigation, as can be seen in the original patent description (111 pages PDF graphics from espacenet.com database).
| SME can benefit from software patents | In fact to benefit in software patents means to behave as a "patent parasite" that does not get money from the solutions it contributes -WordExpress- but from the obstacles it legally imposes on others to solve useful problems. |
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| Having software patents in the US and not having them in the EU is a competitive disadvantage for the EU. | In fact AllVoice has taken advantage of the fact the US market is vulnerable to software patents and the EU not (so much), by attacking US companies from UK. So the situation is a competitive advantage for the EU, at least from an inmoral business point of view. |
[...]
After a quick read of the 2 claims below I can hardly see the difference between the 2 patents, one should be prior art for the other, and any is as worthy of monopoly as the notion of proofreading with a karaoke.
You can say that implementing these claims may really be a worthwhile task, perfectly covered by copyright on the code, while just publishing the idea of using a multimedia computer for storing written and oral text together to allow human proofreading of automated speech recognition is no contribution at all, and certainly not worth the power to stop anyone from using their multimedia computers in such a way. Everybody knows computers can do this, the meat is getting them to do it (the code, the part copytright covers).
[...]
These poor little companies so successful thanks to the patent system are as worthy of praise as the Lazarillo de Tormes (the character, not the anonymous ancient Spanish novel). They are the typical opportunist geniuses that find a great way of making money without any work to earn it (or besides anything else they do worthy of earning money with). And then people start to worship those smart guys and you get a whole society of lazy people trying to emulate them by competing in bribery instead of productivity. It should be a concern of economic policy to let people have a honest way of living, rather than to degrade the market to mere picaresque.
As more and more computers were introduced into the workplace, the ways that people interacted with them became increasing important. Realising the potential for voice recognition systems, a specialist speech division, AllVoice, was created in 1992.
Dragon Systems Inc. appointed AllVoice as their first UK business partner (and first computer reseller world-wide) and AllVoice developed user-oriented software to complement the available technology (AllVoice Assistant & Assistant Plus). Providing comprehensive installation, training and support services, AllVoice built up an impressive portfolio of customers and the business was renamed AllVoice Computing plc to reflect the increasing importance of speech technology to the company.
When IBM entered the speech recognition market, they approached AllVoice to become their first UK specialist reseller. Adding IBM's products while retaining independence, AllVoice continued to develop value-added software and services and in 1995 launched WordExpress (TM).
WordExpress (TM) was widely acclaimed and was awarded a Confederation of British Industry award for innovation. Some features and functions were granted patents in the UK and US (other countries pending). In December 2001, AllVoice granted a licence for the use of its worldwide patents to Dictaphone and Lernout & Hauspie for its past sales of Dragon NaturallySpeaking.
WordExpress (TM) has received much praise over the years including an innovation award from the Confederation of British Industry (CBI) acknowledging AllVoice's efforts.
Certain features and functions of AllVoice software developments have now been awarded patents and others are pending in many countries.
| 2002-09-24 | Event | Intellectual Property Enforcement - an open discussion |
|---|---|---|
| 2001-07-31 | Microscope | AllVoice backs planned patent law changes |
| 2001-05-07 | BBC Radio 4 | Today Programme "A Question of Invention" |
| 2001-05-27 | Microscope | AllVoice calls for patent aid |
| 2001-01-19 | The Wall Street Journal | Crt:Software Co Can Press Patent Case Vs Lernout&Hauspie |
| 2001-01-18 | Yahoo!Finance | Judge allows patent litigation against Lernout |
| 2000-09-26 | Channel.Net | Bid to stop Dragon sales |
| 2000-09-21 | Bloomberg | SEC to Probe L&H |
| 2000-09-21 | Financial Times | L&H slips 41% on SEC probe |
| 2000-08-25 | Financial Times | Chief quits L&H amid litigation cloud |
| 2000-08-25 | The 451.COM | ... new hope in dispute with L&H |
| 2000-05-01 | The National Law Journal | Wait for ruling irks British firm |
| 2000-04-25 | Microscope | AllVoice Stands Firm |
| 2000-04-24 | US National Law Journal | Wait for ruling irks British firm |
| 2000-04-20 | Financial Times | DTI to probe 'anti-competitive practices' by US |
see also Sandy Starr 2002/10: Patent problems and Patent Defence Union
The UK press uncritically took up the myth of the small guy fighting big evildoers, as spread by AllVoice and their parliamentary representative:
By Charles Arthur
Technology Editor
The Independent (London)
20 April 2000
A small British computer firm with patents on an invention potentially worth millions is being ripped off by one of the world's biggest companies and stymied by American courts, an MP claimed yesterday.
Allvoice, a Devon-based company, could even go out of business because it alleges that IBM has infringed its patents for using voice recognition technology with computers, while in the US a similar infringement claim against Dragon Systems has taken more than a year to conclude its preliminary hearing - which usually takes only a few days.
Allvoice's system means people can talk to their computers, rather than typing into keyboards, and enter words directly into documents, correct them, and play back what they actually said.
In Westminster Hall, Patrick Nicholls, Conservative MP for Teignbridge, said during a short debate that rather than being a multi-million-pound firm, Allvoice was struggling for its very existence. He blamed this on the anti-competitive behaviour of certain US companies and the procrastination of the US judiciary. He told MPs that US firms IBM and Dragon Systems had been developing their own voice recognition system but it had many faults and problems which the Allvoice system had managed to iron out.
The US firms invited Allvoice representatives to meet them on the premise that they were interested in buying the system. But IBM later announced that they were developing a new voice recognition system based on many of the Allvoice applications.
"The way US business has rallied round to destroy Allvoice would make a pack of sharks look like a group of nuns," Mr Nicholls said.
John Mitchell, managing director of Allvoice, said afterwards: "We started our patent infringement case against Dragon in February last year. But the preliminary injunction has been delayed and delayed."
Indeed the injunction was not only delayed but defeated, because the patents of AllVoice were not found to be very strong.
Some excerpts from the Financial Times article by Fiona Harvey.
Patrick Nicholls, MP for Teignbridge in Devon, said the case showed the difficulty small companies faced in enforcing patents against multinationals. Patricia Hewitt, small business minister, said the trade department would 'determine whether the US was fully compliant with its obligations to enforce patents' under intellectual property law.
AllVoice, which released its WordExpress voice recognition software in 1995, has filed a suit in a US court for alleged infringement against Dragon.
The company has claimed that Dragon, which is owned by Lernout & Hauspie, infringed part of a WordExpress technology patent in the development of its NaturallySpeaking voice recognition software, costing AllVoice "millions" in lost turnover.
The complaint was originally filed in February 1999, but according to AllVoice, suffered from "inordinate delay in the US".
John Mitchell, managing director of AllVoice, said it had secured both UK and US patents for its WordExpress software, which allows users to play back dictation as well as checking wording on screen. However, he claimed that Dragon released similar software soon after.
Since the original complaint, Mitchell claimed Dragon has continued to develop its NaturallySpeaking software and recently shipped its latest version which he said "still shows infringement of the AllVoice software".
"AllVoice will not give up until the patent infringement issue has been sorted out," Mitchell said.
The Department of Trade and Industry has become involved because of a World Trade Organisation agreement between the UK and US, which AllVoice claims has been violated.
Despite L&H's Chapter 11 bankruptcy filing, Dragon still ships its Naturally Speaking Version 5 software, which AllVoice claims breaches its US and UK patents.
John Mitchell, managing director, said AllVoice secured UK and US patents for its software, but alleged that Dragon released similar software shortly afterwards, infringing patents.
"This has continued for more than two years," he said. "We cannot sell our software when Dragon is including it in its products for free."
Devon-based AllVoice Computing has successfully applied for US patent law protection for the innovations within its WordExpress software that links IBM's speech recognition engine directly to Microsoft Word. AllVoice is involved in a long running legal dispute with IBM over allegations that IBM engaged in predatory pricing, misused confidential information and mounted a dirty tricks campaign against AllVoice. IBM refuse to comment on these allegations.
software for preserving playback of dictated speech; case settled after defeating two preliminary injunction attempts and winning appeal
Successfully handled a federal appeal for its client L&H Holdings, which had been sued by AllVoice Computing for patent infringement. After Fish & Richardson defeated AllVoice's motion for a preliminary injunction, AllVoice appealed. A day after the Federal Circuit heard oral argument on the appeal, the Court summarily affirmed the district court's decision. Boston principal Jolynn Lussier handled the appeal with assistance from associate Craig Smith and trial counsel Jack Skenyon.
This text is copied from a PR on the Allvoice website which adds, as of 2003/08/10:
Other statements by AllVoice say that AllVoice was "awarded a patent for its contribution to voice recognition technology". Upon closer look however it becomes clear that AllVoice has contributed nothing to speech recognition itself. Moreover, patents are not "awarded for contributions" nor are they a proof of excellence in any field.
I personally have found that the vast majority of lawyers and a large proportion of UK patent attorneys do not understand patenting once software is involved. Some of the debate I have seen so far continues to display this ignorance eg software protection is already covered by copyright.
...
Hardly anyone seems to have practical experience of enforcement ...
Having to pay a patent office to process an application and have it checked for prior art, validity etc taking many months or years is pointless if the Courts are allowed to challenge each and every patent examiners' decisions - irrespective of fact. It becomes even more of a hurdle when high tech is involved where speed is of the essence.
I would be delighted to offer my practical and valuable expertise to the debate. ...
see also Patent Defence Union, Sandy Starr 2002/10: Patent problems and Denmark, DKPTO and Software Patents
A bankruptcy court judge earlier had stayed AllVoice's two patent infringement lawsuits in Massachusetts, one in a U.S. district court and another in the First U.S. Circuit Court of Appeals, Reuters reports.
Imagine you want to record information from a prospective customer without the need for human intervention. Generic speech recognition technology focuses almost entirely on improving speed and accuracy. However, AllVoice looks at the technology from another angle - the user's perspective.
The company's innovations cover the need to streamline error handling i.e. mis-recognitions. 'WordExpress' is a highly successful PC flagship product and they have developed 'CallVoice', speech recognition technology to automate conversations. A test demonstration system that will gather your name and address can be called on 01626333558. You can alternatively choose two other demonstrations, by voice naturally, to check if your lottery numbers have won or to find out past lottery results.
AllVoice's Managing Director, John Mitchell, first became involved in speech recognition in 1992, noticing that US products were seriously lacking in real user facilities. Although surprised initially by this crucial oversight, they first added simple macros. Later, they wrote complex software that made AllVoice hugely successful with users and their US suppliers, e.g. IBM, approached them to make them their only UK main partner - recognising their national and international success. Further innovations followed from there.
Funding for product development has been entirely from sales profits until DTI SPUR and then SMART awards were obtained in recent years. AllVoice has been the subject of national and international media coverage. This has caused a dilemma - how to cope with the massive demand and maintain an adequate service to potential clients? The solution has been to provide time limited demonstration software on to their web site. Payment results in an unlocking key - thus saving a delivery cost.
Since their entry into speech recognition, AllVoice have grown at an impressive rate - 20 staff from 6 in two years with exponential growth. AllVoice are continuously developing their technology and its applications.
They have learnt about IPR the hard way, as so many do. Initial technology was included in other software without recognition or royalty. Despite UK and US patents on recent innovations AllVoice have to actively protect their technology through legal action. A key obstacle has been the lack of support to help protect UK innovations against patent infringements and anti-competitive activities by corporate giants. Mr Mitchell argues that we need Government support or a change in legislation to prevent these sort of attacks. A simple legislation change would be to require anyone bringing a case to put at risk a percentage of their turnover. Thus the large corporate would have to compete on an equal basis to the SME.
John Mitchell said: "No one had ever achieved what we set out to achieve - thus we never really knew if it could be done. It is easy for another to then copy your lead in the knowledge that a solution is possible. We are proud of what we have achieved for the advancement and use of speech recognition."
The Bill to amend the Patents Act 1977 to enable a court to award additional damages in an action for patent infringement, taking into account the flagrancy of the infringer, has been reintroduced to Parliament. Its aim is to help patent owners, especially SMEs, to enforce their patent rights and to provide a deterrent to potential infringers.
This very short private member's bill was apparently inspired by a legal fight of the UK-based AllVoice computer software company against the giant US computer company, IBM. AllVoice claimed that IBM had exploited its voice recognition technology.
The Bill was originally introduced last autumn (see our October newsletter by [18]clicking here) but was withdrawn due to a technicality. It has now been reintroduced as a Ten-Minute Rule Bill. If enacted, it will bring patent law into line with that of copyright and design right under the Copyright, Designs and Patents Act 1988 which provides for additional damages.
Last autumn, the Patent Office was seeking the views from industry on the Bill.
(ml Financial Times 2000-04-20 p. 9; Harvey, Fiona)
(ml AllVoice, a small speech-recognition firm in the United Kingdom, has asked parliament to investigate whether the U.S. is upholding international intellectual property law. The company has complained that IBM and Dragon Systems engaged in anticompetitive practices by creating products similar to AllVoice's software after negotiating with the small firm and seeing its software. AllVoice speech-recognition software allows users to recall their speech to fix errors. The conflict illustrates the difficulty small companies have in trying to enforce their patents against large, international firms, says Devon MP Patrick Nicholls.)