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Apple Counter-sues Creative

Friday, May 19th, 2006 at 8:25 AM - by

Creative recently filed a law suit against Apple Computer claiming the iPod maker is violating patents that relate to the Zen portable MP3 player's on screen navigation system. Apple volleyed back on the same day with a counter-suit of its own. According to Bloomberg, Apple filed its case in Wisconsin District Court, claiming that Creative is violating four digital music player patents it holds.

Phil O'Shaughnessy, a spokesman for Creative, commented "Creative proactively held discussions with Apple in our efforts to explore amicable solutions. At no time during these discussions or at any other time did Apple mention to us the patents it raised in its lawsuit."

Creative has also filed a complaint with the U.S. International Trade Commission in an effort to block Apple from importing iPods from its overseas manufacturers.

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A guest said: (hide)

Fri May 19, 2006 10:15 am

Surprise surprise, this was as predictable as it gets. Creative have spent the last year trying to provoke Apple into suing them first as they blatently copy aspects of the iPod. Apple quite rightly kept their powder dry and refused to give them free publicity. Creative have been 'proactive' in trying to extort funds out of Apple for something that they had copied from Apple and others efforts that go back 10 to 20 years, just because they could. I had to chuckle when the 'creative' spokesman seem surprised that Apple were suing them for patent breaches that they had not mentioned to them previously. Hell why should they, to do so would have kept a dying company in the news and made Apple appear the big bad guy. Creative were playing a dangerous game simply to try to gain millions that their products have 'patently' been unable to earn them. Therefore Apple are right to use tactics that will cost them even more should they fail in their efforts, make those efforts more complicated and drawn out and sensibly refused to give them the chance to sort out the risks and defences beforehand involved in furthering this attempted patent snatch of theirs, and give them masses of free advertising they themselves can't afford, in so doing. A desparate act so let them Stew in the juices of their own making.

If you want to fight a dirty war then don't expect the opposition to do you any favours in return.

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A guest said: (hide)

Fri May 19, 2006 11:19 am

Yup, why should Apple let Creative know up front what cards they held in there hand. I'm sure Creative already threatened Apple before they talked so Apple said okay we know what kind of game your playing. Creative asked for it and now there going to get it. They know they don't really have a case as Apple has been using the very same gui interface even before the iPod came out and I'm sure that's one thing they will easily prove in court which will then make Creatives broad meaningless patent useless.

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Biff said:

member since 08 Apr 2004 with 1479 posts, unranked, send him a message or view his profile

Fri May 19, 2006 12:36 pm

Hehe now Creative gets to burn money on 2 court proceedings! Good thing they are making lots of profits!

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DrD said:

member since 28 Apr 2003 with 41 posts, unranked, send him a message or view his profile

Fri May 19, 2006 12:52 pm

Does anyone know what patents Apple is suing Creative as being in breach of? I really doubt Apple would have issued such a counter suit unless it was sure it could win them as if they lost it would open more of the ipod's features to being copied by competitors.

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Bosco said:

member since 03 Jun 2002 with 1002 posts, unranked, send him a message or view his profile

Fri May 19, 2006 1:51 pm

DrD, I think it was the patent where Apple describes its process of making the iPods in Shanghhai and having them beamed via satellite to eager consumers lined up at Apple retail outlets in the United States. The important part is the small box that protects the iPod from damage but it small enough to be efficiently beamed halfway around the world.

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DrD said:

member since 28 Apr 2003 with 41 posts, unranked, send him a message or view his profile

Fri May 19, 2006 7:49 pm

Bosco wrote:
DrD, I think it was the patent where Apple describes its process of making the iPods in Shanghhai and having them beamed via satellite to eager consumers lined up at Apple retail outlets in the United States. The important part is the small box that protects the iPod from damage but it small enough to be efficiently beamed halfway around the world.

ohhhh --- that one of course, the ipodbeammeupScotty patent.

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A guest said: (hide)

Sat May 20, 2006 3:11 am

Biff wrote:
Hehe now Creative gets to burn money on 2 court proceedings! Good thing they are making lots of profits!

no actually they are not, they posted more than $140million loss in the previous financial quarter =)

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A guest said: (hide)

Sat May 20, 2006 1:31 pm

Guest wrote:
Biff wrote:
Hehe now Creative gets to burn money on 2 court proceedings! Good thing they are making lots of profits!

no actually they are not, they posted more than $140million loss in the previous financial quarter =)

Turn on the runway lights so the point can see where it is landing!

Point is: Creative will have to burn money it doesn't have to fight a two-front legal war with Apple, a company that's making dough hand-over-fist in comparison. You don't go to war without tallying the cost first.

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Intruder said:

member since 07 Jul 2004 with 3149 posts, TMO Mac Specialist, send him a message or view his profile

Sat May 20, 2006 1:32 pm

Anonymous wrote:
Biff wrote:
Hehe now Creative gets to burn money on 2 court proceedings! Good thing they are making lots of profits!

no actually they are not, they posted more than $140million loss in the previous financial quarter =)

It's called sarcasm. Biff does that a lot.

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A guest said: (hide)

Sun May 21, 2006 3:53 pm

i am a former user of the creative zen and thank g-d i am out of that disaster. i will say creative had a nice concept product going, but like many music/mp3 players it lacked a focus on customer needs. as creative and many of apples competitors (if thats what we call them out of respect?) attempted to force a market of music hungry people into fm/mp3 players, apple listened up and said, "all they want is music". if we wanted fm radio we would ask for more sony walkmans.

so all you creative (marketing and sales) people reading this, try using surveys. i mean, if we can "choose" any song we want on our radio(a thousand songs), why would we go back to fm?

cant wait to see what apple has for us in 5 years. man oh man, things are looking more green everyday!LOL

good stuff jeff!

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