Saturday, June 10, 2006

iPod patent wars?

Further to an earlier post on IPBiz about the Creative legal action, we now have:

Singapore-based Creative, the No. 2 seller of digital music players in the world, last month sued Apple in U.S. District Court in Northern California, claiming patent infringement. At the same time, the company asked the U.S. International Trade Commission to bar Apple from importing portable digital media players that Creative claims infringe on its intellectual property.

Apple filed a counterclaim in U.S. District Court for Western Wisconsin and followed that up June 1 with a claim in U.S. District Court for Eastern Texas. In its latest suit, Apple says Creative infringed a number of its patents relating to the software and systems on its mobile music player.

Creative had sought "amicable solutions" with Apple in recent months, Creative spokesman Phil O'Shaughnessy said in an e-mail. "At no time during these
discussions or at any other time did Apple mention to us the patents it raised in its lawsuits
. We had fully anticipated and planned for Apple's retaliatory action," he said.

Apple declined to comment.

Many companies countersue primarily to try to force out-of-court settlements, which is the outcome in about 90 percent of patent claims, Richard Doherty said.


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