Apple Computer sues beleaguered Creative for iPod patent infringement

“Apple Computer, maker of the iPod music player, is suing Creative Technology, raising the stakes in the legal dispute over competing devices,” Bloomberg News reports. “Apple claims Creative Labs, the U.S. division of Creative Technology, infringes four patents in its hand-held digital players. The suit was filed in a Wisconsin District Court on May 15, the same day Creative filed a lawsuit and a trade complaint against Apple.”

“Creative filed a complaint with the U.S. International Trade Commission seeking an order to block imports of the iPod, most of which are made in China. A lawsuit the company filed against Apple in District Court in San Francisco is likely to be put on hold while the trade complaint is heard,” Bloomberg reports. “The iPod controls 77 percent of the U.S. market, compared with less than 10 percent for Creative.”

Full article here.
Hoo said they wanted a war?

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58 Comments

  1. That’s what you get when you try to sort out your blackmail ahead of time – your target gets a chance to prep instant retaliation.

    I LIKE the idea of Apple suing them into bankruptcy and buying their ashes for a song – that’ll give Apple some incentive to use the sound technologies they would then own. Yo! Intel! We’d like this One More Thing with our chipsets …

  2. WTF was ‘Creative’ thinking?

    Time to short some more.

    ” width=”19″ height=”19″ alt=”raspberry” style=”border:0;” />

    MDN Magic Word: “months”, how many more before ‘Creative’ is no more?

  3. in a way, this is sad, because objectively imho, Creative does make some of the nicest mp3 players, next to Apple. Personally I much prefer the all touch interface that Apple left behind for the click wheel, and I played a bit with the Zen Micro and the touch interface was actually quite nice. I can’t speak to the music management software, and of course I like iTunes and would not switch. But their engineers make nice quality players…just take a peek at Amazon…it is fairly impressive. Too bad Woo just didn’t remain peaceful and let his product catch on over time. I would rather Creative take share than Microsoft with their Xpod.

  4. In the immortal words of Slim Pickens SAC pilot character in “Dr. Stranglove” as he rode astride a nuclear bomb plummeting toward earth somewhere over the soviet union, “Yahoooooooooooooooooooooooo….!”

  5. In the immortal words of Captain Woodrow Coll in “Lonesome Dove”, after administering a nearly fatal thrashing to a mean army scout, “I hate rudeness in a man. I won’t tolerate it.” Go get ’em, Steve.

  6. Secret Recording of Steve Jobs Talking with Apple Legal:
    HERE

    Transcription:
    ————
    Apple Legal: “We’ll agree to pay. We’ll tell him we need time to get the money together.”

    Steve : “Wait a minute, do I get this right? You’re gonna play this creeps game?”

    Apple Legal: “It will get us more breathing space.”

    Steve: “So it might get somebody killed. Why don’t you let me meet with the son-of-a-bitch.”

  7. I am fed up with lawsiuts…but this one I kind of like. Creative is so fundamentally bda karma so let´s bury them. In the ITworld there are three persons I really can´t stand ; Sim Hoo, Rob Glaser and Steve Ballmer, theyr´e all in the same categori

    MDN word gave, as in creative finally gave up.

  8. Creative is so gone with the wind.
    They broke the status quo with patents.

    This will eat all their cash if there is something left anymore.
    Steve really deserves the Steve Jobs Award ” width=”19″ height=”19″ alt=”smile” style=”border:0;” />

  9. You guys are on drugs.

    Creative has a patent which specifically describes exactly the iPod interface. It’s not just for a heirachical menu, but for one used in exactly the same way it is in the iPod. that eliminates a lot of what you claim as prior art.

    Why wouldn’t they try to enforce it?

    If Microsoft cloned OS-X you’d be chanting how great it was that Apple was using it’s patents to go after Microsoft.

    Software patents as a rule are F***’d up, many should never be granted. But then somone sucessfully patented the stick. So lets assume that’s not going to change.

    If you have the legal right to demand competitor cease and desist from using a piece of technology that the patent office agrees with you that you invented, only a foolish businessman would not use it.

    If the patent is weak, look for it to be overturned. More likely look for Apple to pay Creative money to go away, or a cross licensing deal to be made based on the counterclaims.

    To say that this would kill creative is just silly. If Apple had a strong patent infringement case against them, they would have shot first.

    This guys is a negotiating tactic, nothing more.

  10. seriously ‘down’ how many ways can you form a menu to show:

    Artists
    Albums
    Songs

    Every player does that, so they should sue all of them.

    How else can you sort CD info?

    Musicians?
    CDs?
    Tunes?

    These menus are common denominators to basic search functions to arrange our music. Creative should not be able to patent that.

    MDN word enough: that’s enough already

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