By Tony Smith

19th May 2006 10:23 GMT

Apple has responded to Creative Technology`s patent infringement allegations by claiming the MP3 player maker has violated its own intellectual property. It has filed a formal complaint against its rival in the Wisconsin District Court.

Creative`s own complaint was filed Monday, 15 May, the same day Apple launched its countersuit. Creative alleges Apple`s iPod incorporates technology outlined in one of its US patents, 6,928,433, without its permission.

Apple`s suit claims much the same thing, though the Mac maker maintains Creative`s digital music players infringe upon four patents it owns.

In a Bloomberg report on the matter, a Creative spokesman grumbled that Apple never mentioned any of this while the two companies were discussing a way around Apple`s alleged infringement of Creative`s patent. But why bring out the big guns to fire the opening salvo?

Analysts have bemoaned Creative`s own lawsuit as a distraction that could impede attempts by the company`s management to return it to profitability. That process isn`t going to be helped by the need to fight Apple on a second front. ®