Apple plays hardball: files counter-suit against beleaguered Creative in sympathetic Texas court

“Apple Computer Inc., maker of market-leading iPod digital music players, has filed a second patent infringement lawsuit in the United States against rival Creative Technology Ltd.,” Reuters reports. “Apple filed its latest suit in a district court in Texas last Thursday, claiming Creative has infringed at least three of its patents — one that involves displaying data on a computer, another for editing data using a portable media device, and the third for the creation of icons to organise files on a computer.”

Apple has intentionally picked the court where it submitted the latest suit. “Apple’s second counter-suit was filed in a district court in Texarkana, Texas, which handles a disproportionate share of major patent cases in the United States,” Reuters reports. “Legal experts have found that patent trials put before juries in the court have favoured patent holders, suggesting that Apple has chosen the venue as a means to put pressure on Creative to settle the patent dispute quickly.”

Full article here.

MacDailyNews Take: Creative started this war. Apple will finish it.

[UPDATE: 9:58am EDT: Fixed headlines. Thank you for your sympathies. Do you know that, for some reason, Safari’s spell check doesn’t work in ExpressionEngine’s “Title” (headline) field? We do.]

Advertisements:
Introducing the super-fast, blogging, podcasting, do-everything-out-of-the-box MacBook.  Starting at just $1099
Get the new iMac with Intel Core Duo for as low as $31 A MONTH with Free shipping!
Get the MacBook Pro with Intel Core Duo for as low as $47 A MONTH with Free Shipping!
Apple’s new Mac mini. Intel Core, up to 4 times faster. Starting at just $599. Free shipping.
iPod. 15,000 songs. 25,000 photos. 150 hours of video. The new iPod. 30GB and 60GB models start at just $299. Free shipping.
Connect iPod to your television set with the iPod AV Cable. Just $19.
iPod Radio Remote. Listen to FM radio on your iPod and control everything with a convenient wired remote. Just $49.

Related articles:
Apple files second lawsuit against beleaguered Creative Technology – June 06, 2006
Apple Computer sues beleaguered Creative for iPod patent infringement – May 18, 2006
Apple suit seen hurting beleaguered Creative in long run – May 17, 2006
Beleaguered Creative’s lawsuit against Apple for alleged iPod patent infringement shows desperation – May 16, 2006
Beleaguered Creative sues Apple for alleged iPod patent infringement – May 15, 2006
Beleaguered Creative Technology circles the bowl – May 02, 2006
Beleaguered Creative Technology reports largest operating loss in at least five years – April 10, 2006
Joke of the Day: Red Herring headline: ‘Creative may be iPod threat’ – February 28, 2006
S&P Equity downgrades Creative Technology, cites ‘increased competition from Apple Computer’ – February 14, 2006
Apple unveils new 1GB iPod nano for $149; iPod shuffle now starting at just $69 – February 07, 2006
Beleaguered Creative reports 95-percent slump in quarterly profit – January 26, 2006
Don’t call them podcasts! Derivative, er, Creative introduces ZenCast app for ‘audio & video blogs’ – January 04, 2006
Creative’s Zen Vision:M green with Apple iPod envy – December 09, 2005
Apple faces prospect of bruising iPod patent dispute from Creative Technology – December 09, 2005
Creative Technology’s official press relase for Zen Vision:M Apple iPod knockoff – December 08, 2005
Creative’s Sim Wong Hoo vows to ‘aggressively pursue’ Apple over iPod patent – December 08, 2005
Creative announces 30GB Zen Vision:M video-enabled ‘iPod killer’ – December 07, 2005
Beleaguered Creative waves white flag, surrenders self-declared MP3 player war to Apple iPod – November 07, 2005
Beleaguered Creative shifts promotional efforts from music players to new sound card line – September 21, 2005
Apple debuts iPod nano, iTunes 5: how are Microsoft, Napster, Real, Creative, Sony feeling today? – September 08, 2005
Creative explores new way to beat Apple iPod: patent litigation – August 30, 2005
Creative plans ‘very vigorous defense’ of iPod navigation patent – August 31, 2005
Beleaguered Creative Technology’s ‘war’ on Apple iPod not faring well – August 15, 2005
Apple’s iPod shine dims beleaguered Creative Technology’s outlook – August 08, 2005
Microsoft not buying stake in Creative Technology – August 02, 2005
Creative CEO Sim Wong Hoo adds fronts to war against Apple iPod – August 01, 2005
Analyst: Microsoft could buy Creative Technlogy in bid to compete with Apple iPod – July 14, 2005
Beleaguered Creative CEO Sim Wong Hoo ‘optimistic’ the company will survive ‘MP3 war’ – July 01, 2005
Beleaguered Creative may have to write off unsold stock as losses loom – June 28, 2005
Creative Tech’s reduced outlook drags on Apple, PortalPlayer, SigmaTel – June 27, 2005
Creative Tech cuts sales outlook, drags Apple down in early trading – June 27, 2005
Apple passed 20 million iPods sold milestone in early June – June 24, 2005
Apple’s understanding of what really counts makes iPod+iTunes impossible to beat – June 22, 2005
Creative Technology shares slide to lowest mark in almost two years – May 18, 2005
Apple squeezes and Creative’s profit plunges 72-percent – April 23, 2005
Apple iPod pressure forces Creative to drop prices on music players – March 01, 2005
Creative’s self-declared ‘MP3 player war’ against Apple isn’t going very well – January 20, 2005
Creative CEO: Apple iPod shuffle ‘a big let-down, worse than the cheapest Chinese player’ – January 12, 2005
Creative declares ‘war’ on Apple iPod, shoots for 40% market share of MP3 players – December 21, 2004
Creative Technology declares ‘MP3 War’ against market-dominating Apple iPod – November 17, 2004
Mossberg: Dell, Rio, Creative ‘iPod mini killers’ lag badly behind Apple iPod mini – October 27, 2004
Creative pushes to become ‘Pepsi’ to Apple’s ‘Coke’ in digital music player market – August 07, 2004

25 Comments

  1. face: Yeah, I’m sure you’re right on that!

    But this one, the venue of the filing, is pretty interesting in that it shows that Apple is really putting the pressure on Creative — like BIG TIME!

    This is really guerilla tactics — and therefore I find THAT interesting!

  2. Like it was mentioned before, Creative bought 3DLabs and refused to make video cards and drivers compatable with Macs for Lightwave and Maya rendering.

    Creative deserves everything they are going to get.

  3. I thought that court was in Marshall, Texas. (At least, that is where Tivo won their lawsuit. And the Marshall court has been “groomed” by the judge to handle patent infringements quickly.)

  4. I’m very happy that Apple is punching back hard. Apple has let Creative play its little games to long and it’s about time they put an end to it, maybe for good if Creative doesn’t settle quickly.

  5. Folks,

    These patent lawsuits are a sign of a system gone mad. Sure, a corporation like Apple has a large patent portfolio and the deep pockets to countersue Creative.

    But what if Creative (or Apple) had sued some small inventor tinkering in his garage, or a startup that barely got its product to market? They won’t have the patent portfolio or deep pockets, and they wouldn’t stand a chance.

    What’s happened is that Congress has, for its own reasons, robbed the fees that inventors and artists pay to the Patents and Trademarks Office, which has limited the growth (and training) of patent examiners. In turn, the examiners have become overwhelmed and increasingly less able to cope with the complexities of the patent applications presented to them.

    Net result? More and more bogus and questionable patents get approved, when they never should have.

    The PTO has therefore abdicated its responsibility and devalued the worth of getting a patent approved. Now, the real test of a patent is when it becomes the subject of a legal battle.

    And who tends to win those legal battles? The large corporations with significant patent portfolios and deep pockets.

    Who loses out? The small, innovative firms and private inventors, who simply cannot compete in a playing field so heavily tilted toward the 400 kilo gorllas.

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.