May 19, 2006 9:12 AM PDT

Apple countersues Creative in patent dispute

Related Stories

Creative sues Apple over iPod interface

May 15, 2006

Creative wants to make Apple pay

December 9, 2005
Faced with a patent infringement suit against the iPod and iPod Nano, Apple Computer countered this week with its own complaint against Creative Labs, which holds a distant second place in the personal media player market.

The suit was initiated in a Wisconsin federal court on May 15, the same day that the Singapore-based electronics maker said it had sued Apple in U.S. District Court in California, seeking an injunction against the iPod and damages.

In its complaint, Apple accuses the company of infringing on four of its patents related to user interfaces and icon displays for digital media players. The company is requesting monetary damages and an injunction barring continued use of its patents.

In a separate complaint with the U.S. International Trade Commission filed this week, Creative is also seeking an injunction that would stop Apple from selling the iPod and iPod Nano in the United States.

Creative's complaints center on a patent describing a system for organizing music and songs used in its Zen MP3 player, which the U.S. Patent and Trademark Office awarded it last August. The company's chief executive hinted a few months later that he planned to assert the company's patents against suspected infringers and seek royalties.

Apple declined to comment on Friday. Creative did not respond immediately to requests for comment.

See more CNET content tagged:
Creative Labs Inc., injunction, patent, Apple Computer, complaint

Add a Comment (Log in or register) 50 comments (Showing first 20 comments)
Right on...
by May 19, 2006 9:39 AM PDT
Show Creative who's boss! They have stolen mroe than they've ever given, the looks, the feel, (of course interacting with their devices is terrible). They'll settle saying "Okay Apple, you're way cooler than us, you can still sell your iPods."
Reply to this comment
Right on...
by May 19, 2006 9:39 AM PDT
Show Creative who's boss! They have stolen mroe than they've ever given, the looks, the feel, (of course interacting with their devices is terrible). They'll settle saying "Okay Apple, you're way cooler than us, you can still sell your iPods."
Reply to this comment
If Creative gave a party. . .
by J.G. May 19, 2006 10:12 AM PDT
would anyone come? There is absolutely no possibility any court
will issue an injunction against Apple selling iPods. But, even if
such a thing were possible,, I don't think many consumers would
buy Creative MP3 players. They would just wait for the iPod to
become available again.
Reply to this comment
If Creative gave a party. . .
by J.G. May 19, 2006 10:12 AM PDT
would anyone come? There is absolutely no possibility any court
will issue an injunction against Apple selling iPods. But, even if
such a thing were possible,, I don't think many consumers would
buy Creative MP3 players. They would just wait for the iPod to
become available again.
Reply to this comment
Rightfully So.
by dansterpower May 19, 2006 10:35 AM PDT
Apple has been involved in pioneering and evolving Hierarchical
User Interfaces for 30 years and hold numerous patents of their
own.

Creative is now, rightfully so in my opinion, locked in a dance to
the finish on this one.

Creative will emerge weaker and less "creative," Their original
suite was without merit in my view and just one more example
of the wasteful "legaleeze" that pervades our cultures.

DJO
Reply to this comment View reply
Rightfully So.
by dansterpower May 19, 2006 10:35 AM PDT
Apple has been involved in pioneering and evolving Hierarchical
User Interfaces for 30 years and hold numerous patents of their
own.

Creative is now, rightfully so in my opinion, locked in a dance to
the finish on this one.

Creative will emerge weaker and less "creative," Their original
suite was without merit in my view and just one more example
of the wasteful "legaleeze" that pervades our cultures.

DJO
Reply to this comment View reply
Hopefully this suit gets some mainstream media attention
by Kamokazi May 19, 2006 11:21 AM PDT
So people will realize there are other MP3 players besides the Ipod out there, many of which are better.

There are lots of people out there who would buy other MP3 players if they knew they existed. The type who don't care if they fit in with the 'Abercrombie Kids' and have an Ipod like everyone else. Units from iRiver, Cowon, and Creative often have more features like FM tuners and voice recorders, more supported file formats, better audio quality (although only by a small margin that most people don't notice), and are usually cheaper (And they don't usually build in the battery so you have to pay an absurd fee or buy an extended warranty to have it replaced-Yes, that is how Apple instructs salespeople to pitch Applecare, it primarily hinges on the battery going bad...I work at a major electronics retailer and we have a full-time Apple rep in the store).

And for what it's worth, Creative does hold the more important patent, the music categorization(And rightly so, the Nomad came out well before the Ipod). It would be easier for Creative to change their players to not infringe on Apple's patents than for Apple to change the Ipod. My guess is Creative and Apple will settle for some cash going Creative's direction....a lump sum, not royalty per unit.
Reply to this comment View all 2 replies
Hopefully this suit gets some mainstream media attention
by Kamokazi May 19, 2006 11:21 AM PDT
So people will realize there are other MP3 players besides the Ipod out there, many of which are better.

There are lots of people out there who would buy other MP3 players if they knew they existed. The type who don't care if they fit in with the 'Abercrombie Kids' and have an Ipod like everyone else. Units from iRiver, Cowon, and Creative often have more features like FM tuners and voice recorders, more supported file formats, better audio quality (although only by a small margin that most people don't notice), and are usually cheaper (And they don't usually build in the battery so you have to pay an absurd fee or buy an extended warranty to have it replaced-Yes, that is how Apple instructs salespeople to pitch Applecare, it primarily hinges on the battery going bad...I work at a major electronics retailer and we have a full-time Apple rep in the store).

And for what it's worth, Creative does hold the more important patent, the music categorization(And rightly so, the Nomad came out well before the Ipod). It would be easier for Creative to change their players to not infringe on Apple's patents than for Apple to change the Ipod. My guess is Creative and Apple will settle for some cash going Creative's direction....a lump sum, not royalty per unit.
Reply to this comment View all 2 replies
Bye Bye Creative
by R. U. Sirius May 19, 2006 11:32 AM PDT
That loser company has been on the downslope for years. Given Apple's market cap, they could buy them and shut them up for good.
Reply to this comment View all 2 replies
Bye Bye Creative
by R. U. Sirius May 19, 2006 11:32 AM PDT
That loser company has been on the downslope for years. Given Apple's market cap, they could buy them and shut them up for good.
Reply to this comment View all 2 replies
It's the Karma Police!
by 199657710366057339589467585945 May 19, 2006 11:42 AM PDT
This is what you get
This is what you get
This is what you get
When you meeeeeeeeeessss with us
Reply to this comment
It's the Karma Police!
by 199657710366057339589467585945 May 19, 2006 11:42 AM PDT
This is what you get
This is what you get
This is what you get
When you meeeeeeeeeessss with us
Reply to this comment
dont agree with either
by Jpmayock May 19, 2006 12:24 PM PDT
One on hand, creative launches a silly infringement suit. Then apple, cycle it round.

All I know is that both parties products are lame. Apple audio/build quality sucks, as does its software. BOY anyone who can say it's 'good code' clearly needs a reality check.

Creative's player while being more open, has serious reliability issues, coupled with imitation of apple designs.

They are both going to suffer, when the mobile phone hits 4Gb+. I and Millions of others carry it everywhere. why duplicate??
Reply to this comment View reply
dont agree with either
by Jpmayock May 19, 2006 12:24 PM PDT
One on hand, creative launches a silly infringement suit. Then apple, cycle it round.

All I know is that both parties products are lame. Apple audio/build quality sucks, as does its software. BOY anyone who can say it's 'good code' clearly needs a reality check.

Creative's player while being more open, has serious reliability issues, coupled with imitation of apple designs.

They are both going to suffer, when the mobile phone hits 4Gb+. I and Millions of others carry it everywhere. why duplicate??
Reply to this comment View reply
That's really sad
by ggupta7 May 19, 2006 12:50 PM PDT
My full sympathy is with Creative. I have used a Zen Micro for over an year, and I don't think there can any better product at the given price. Planning to buy a Zen Vsion M next..
Reply to this comment View reply
That's really sad
by ggupta7 May 19, 2006 12:50 PM PDT
My full sympathy is with Creative. I have used a Zen Micro for over an year, and I don't think there can any better product at the given price. Planning to buy a Zen Vsion M next..
Reply to this comment View reply
This happens all the time
by unknown unknown May 19, 2006 3:12 PM PDT
I doubt either company wants to risk that the others patents are valid or an preliminary injuction. If they're smart this will end in a cross licensing deal out of court.
Reply to this comment View all 2 replies
This happens all the time
by unknown unknown May 19, 2006 3:12 PM PDT
I doubt either company wants to risk that the others patents are valid or an preliminary injuction. If they're smart this will end in a cross licensing deal out of court.
Reply to this comment View all 2 replies
Oh, What a Web We Weave...When first we practice to deceive
by phoenix8603 May 19, 2006 4:24 PM PDT
Oh, What a Web We Weave...When first we practice to deceive.

HA! HA! I've never seen Stock go down so fast!

Apple started preparing for this case the day Creative won the rights to this minor patent.

Creative though they could finagle money from Apple because of an inconsequential patent they have. Creative's patent has nothing to do with the success of the Ipod. If it did then the Zen would probably as successful--don't you think.

Now greed and trickery will be Creatives undoing.

It's a shame too because they made really good sound cards.

Sell your stock before it's too late...
Reply to this comment
Oh, What a Web We Weave...When first we practice to deceive
by phoenix8603 May 19, 2006 4:24 PM PDT
Oh, What a Web We Weave...When first we practice to deceive.

HA! HA! I've never seen Stock go down so fast!

Apple started preparing for this case the day Creative won the rights to this minor patent.

Creative though they could finagle money from Apple because of an inconsequential patent they have. Creative's patent has nothing to do with the success of the Ipod. If it did then the Zen would probably as successful--don't you think.

Now greed and trickery will be Creatives undoing.

It's a shame too because they made really good sound cards.

Sell your stock before it's too late...
Reply to this comment
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