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Posted on 05/15/2006 8:00:35 PM PDT by Swordmaker
SAN FRANCISCO (MarketWatch) -- Creative Technology Ltd. on Monday filed a complaint with the U.S. International Trade Commission against Apple Computer Inc., charging the maker of the market-leading iPod media player of infringing on Creative's patents for some of its own music-playing devices.
Creative (CREAF : 5.46, -0.10, -1.8% ) said that it wants the ITC to investigate whether Apple (AAPL : 67.79, +0.09, +0.1% ) violated the Singapore-based patents for the former company's Zen brand-name device, and is asking the organization to force Apple to stop "engaging in sales, marketing, importation or sale after importation into the United States" of what Creative called infringing iPod and iPod nano products. In a statement, Creative said that it received the so-called Zen patent on Aug. 9, 2005, "for its invention of the user interface used by most portable digital-media players," including its own Zen and Nomad MP3 players, and competing products such as Apple's line of iPods. Creative also announced that it filed suit against Apple in the U.S. District Court for the Northern District of California for an injunction against, and undisclosed damages from Apple.
Apple has the top spot in the media-player market, with more than 50 million devices sold since the iPod's introduction in late 2001. NPD Techworld estimates that Apple has about 75% of the U.S. market for MP3 players, with all other competitors in the low single-digit range. Apple shares rose 9 cents, to close Monday at $67.79, while Creative shed 10 cents to end the day at $5.46.
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How long was it Patent Pending? Those things can go on for years and years and years. Never seen the Zen, so I can't make a comment if it is easy to use.
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I wonder how Creative would feel if someone like me patented the "commercial use, branding, and look and feel of the word, 'Creative', as it pertains to the marketing and sale of digital devices." And say I patented this today, and sued them tomorrow.
So is all the money going to end up with a lawyer as in the Blackberry lawsuit?
When you can't beat 'em, sue 'em....
I read about the patent years ago. It was filed while the iPod was in development, and after other players were already on the market. I don't have the history, but looking at the references it was modified at least after 2004. It's quite possible Creative used the old tactic of amending a patent application to include what others have invented and marketed since the initial filing.
I was wondering when Creative would sue instead of trying to compete in the market.
But... but... Creative has a superior machine. Or at least, that's what people who are afraid of iPods keep trying to tell us.
"My first thought was why the late attempt at this..."
Creative has decided that they only way to bring down Apple is through the courts, not the marketplace. It's an old story, if you can't beat them with your product, beat them with your lawyers.
I thought iPods interface was based on MacOS's Finder - which has been around for years.
"Creative" accounting?
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