Creative sues Apple over iPod interface, seeks ITC injunction | iLounge News


Creative sues Apple over iPod interface, seeks ITC injunction

Creative Technology has filed a lawsuit against Apple, claiming that the iPod’s interface is infringing on the company’s “Zen Patent.” Creative also said today that it has filed a complaint with the U.S. International Trade Commission requesting that the federal agency launch an investigation intro whether Apple has “violated Section 337 of the Tariff Act of 1930 through its importation and sale after importation into the United States of iPods and iPod Nanos that infringe U.S. Patent 6,928,433, which Creative refers to as the Zen Patent.” Further details on both of Creative’s legal actions below.

From Creative’s announcement of the complaints:

As relief, Creative is seeking an exclusion order and cease and desist order against Apple Computer Inc. The orders sought would prohibit Apple Computer Inc. from engaging in sales, marketing, importation or sale after importation into the United States, or other infringing activities in the United States with regard to the infringing iPod and iPod Nano products.

Creative also filed a lawsuit today against Apple Computer Inc. in the United States District Court for the Northern District of California that seeks an injunction and increased damages for Apple Computer Inc.‘s willful infringement of the Zen Patent.

The United States Patent Office issued the Zen Patent to Creative on August 9, 2005 for its invention of the user interface used by most portable digital media players, including many of the Creative Zen and NOMAD Jukebox MP3 players and competing players such as the iPod, iPod Nano and iPod mini.

Working at Creative’s Scotts Valley, California facility, Creative’s engineers invented the user interface covered by the Zen Patent to address the challenges of convenient organization and access of songs on high-capacity portable digital media players. Creative subsequently implemented its now-patented interface on its NOMAD Jukebox player, which was announced and presented as a functioning prototype at the Consumer Electronics Show (CES) in January 2000. The user interface covered by the Zen Patent has since been implemented in a variety of Creative players, the most recent being the award-winning Zen Vision:M.

Creative was awarded the “Zen Patent” for portable media player navigation in August 2005. The company said it was considering legal action against Apple a month later, and then Creative CEO Sim Wong Hoo said he would go after any company that he thinks violates the patent. “We will pursue all manufacturers that use the same navigation system,” he said. “This is something we will pursue aggressively. Hopefully this will be friendly, but people have to respect intellectual property.”

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I am so sick of this Asian Based Creative company and its self appointed evil empire ceo sing wong hoo hore! Let’s face it, apple is an american company, and creative is an ugly asian company.

do you happen to know apple’s logo?
designed in california (by low-cost asian design engineers)..
made in china (by westies working as whore at night)....

Posted by iJay on May 17, 2006 at 4:11 AM (CDT)


What some people are missing here, is the fact that the actual patent was awarded in 2005, but “patent pending” proceedings were in place for a great many years prior. 

Having gone through the patent process myself, I can attest that this can sometimes be a very long procedure spanning many years befor your patent is finalized.

I honestly think Apple is going to have to pay this time around ...

Posted by Hotipodnews on May 17, 2006 at 7:07 AM (CDT)


“I am so sick of this Asian Based Creative company and its self appointed evil empire ceo sing wong hoo hore! Let’s face it, apple is an american company, and creative is an ugly asian company.”

What does being asian have to do with being evil and why is an american company always the good guy?  I’m sure you guys must like Nintendo and Sony (evil asian companies), and hate Enron (american company).

Posted by Yung Dai on May 17, 2006 at 9:52 AM (CDT)


Err….make that Microsoft :)  They can do no wrong, they’re a beautiful american company.  Damn those ugly asian :P

Posted by Yung Dai on May 17, 2006 at 10:08 AM (CDT)


I want to see Creatives legal cost after going after all the DAP companies that use a hierarchial system…

Posted by Macromedia on May 17, 2006 at 4:45 PM (CDT)


A) Creative alleges in its complaint that they showed the interface to Apple while trying to make a business deal - Apple liked it - yet did not complete the deal.
B) Apple sued Creative in the same courts over patents that Apple owns (including its touch interface).
C) The worst that would happen for Apple is that they would settle by paying licensing fees for each ipod sold to use Creative’s patents.
D) This happens all the time, and I am sure that Apple is paying licensing fees to other companies for the use of their patents right now.  Apple does not come up with every idea.
E) You can find the pleadings on the ITC website if you are interested.  Go to Section 337 actions and then click on the search link.  Then type in “Portable Digital Media Players”.  Look for the complaints.  There is one from apple and one from Creative.

Posted by Kevin Wilson on July 12, 2006 at 4:07 PM (CDT)

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