May 16, 2006 • 1 min read

Creative sue Apple over iPod interface

Creative Technologies has sued Apple Computers, claiming the iPod interface copies its patented MP3 navigation system, and has asked the US ITC to block iPod imports.

Now this is fun. Creative Technologies have filed a possibly ambitious lawsuit against Apple Computers over allegations that the iPod interface copies its MP3 player navigation system, for which Creative was last year awarded a patent. Creative are looking for both monetary damages and for an injunction barring the continued sale of iPods (that's the ambitious bit).

They have also approached the US International Trade Commission with a slightly complicated claim that the Commission should stop the import of iPods into the US. iPods are actually assembled in China and are then transported into the US for sale. Because the Singapore based Creative have registered their 'Zen Patent' with their US subsidiary, and because Apple are, they claim, in violation of that patent, and because Section 337 of the US Tariff Act bans companies from importing products that violate US patents, the US government, Creative say, should stop Apple importing iPods into the country. There's a certain logic to that, if you buy Creative's initial assumptions.

Apple have tried to apply for a patent for their interface too, but it was denied because Creative filed their paperwork two years earlier. That does put Apple's much weaker competitor into a certain position of power - and insiders say that the new lawsuit and Commission approach are designed to force the iPod maker into a costly settlement with Creative. However, other insiders say Apple are unlikely to settle out of court on this one - meaning a long drawn out and very expensive court battle could be looming.

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