U.S. Judge Gary Sharpe, the chief judge for the Northern District of New York, has recused himself from a patent infringement case involving the computer giant Apple. Sharpe said in Dynamic Advances v. Apple, 1:12-cv-1579, that he was acting sua sponte to remove himself from the case because “the court has an interest in Apple, Inc.” He did not elaborate in his Oct. 23 ruling. “Because the appearance of impartiality and actual impartiality are of virtually equal importance, the court finds recusal appropriate,” Sharpe (See Profile) wrote. He noted that Dynamic Advances v. Apple has been transferred to Northern District Judge David Hurd (See Profile).
According to a complaint filed Oct. 19, Dynamic Advances contends Apple’s “Siri personal assistant” communications program in which a user can issue voice commands to an iPhone infringes on technology patented in 2007 by Cheng Hsu and Veera Boonjing. Hsu is a professor at Rensselaer Polytechnic Institute in Troy; Boonjing, now a professor at King Mongkut’s Institute of Technology Ladkrabang in Thailand, was a doctoral candidate at Rensselaer when they invented the technology they patented in 2007. Dynamic Advances was designated by Rensselaer as the exclusive licensee of the communications technology.
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