OT: Patent dispute: Apple sues Creative again
posted on
Jun 07, 2006 08:29AM
By Reuters
Published: June 7, 2006, 5:41 AM PDT
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Apple Computer, maker of market-leading iPod digital music players, has filed a second patent infringement lawsuit in the United States against rival Creative Technology.
The countersuits come after Singapore-based Creative, the world`s No. 2 MP3 player maker, filed patent complaints against Apple last month in a federal court and with a U.S. trade agency.
Apple filed its latest suit in U.S. District Court in Texas on June 1, 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 organize files on a computer.
Apple is seeking cash damages and a court order to prevent further patent infringements, according to U.S. court documents seen by Reuters.
Apple`s first countersuit, filed last month in the district court in Wisconsin, alleged Creative had infringed four of its patents.
A representative in Singapore for Creative declined to comment. Phil O`Shaughnessy, the spokesman for Creative Labs, the company`s U.S. unit, could not be reached for comment.
Apple`s second countersuit was filed in U.S. District Court in Texarkana, Texas, which handles a disproportionate share of major patent cases in the United States.
Legal experts have found that patent trials put before juries in the court have favored patent holders, suggesting that Apple has chosen the venue as a means to put pressure on Creative to settle the patent dispute quickly.
In its lawsuit against Apple last month, Creative, known for its Nomad and Zen music players, sought an injunction and increased damages for alleged violation of its ``Zen`` patent.
It also sought an exclusion order and a cease-and-desist order that would prohibit Apple from selling, marketing or importing its iPod players into the United States.
According to market researcher IDC, Creative was ranked second worldwide after Apple in the flash-memory-based MP3 player market in 2005, with a 4.7 percent share against Apple`s 16.9 percent--and was a distant No. 2 in the hard-drive music player market with a 15.8 percent share against Apple`s 72.2 percent.
Creative also competes with South Korea`s Samsung Electronics, which produces the Yepp players, Japan`s Sony, and South Korea`s Reigncom, whose iRiver players have won good reviews.
Mobile handset makers Nokia and Motorola are also adding MP3 functions to high-end music phones.