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
 See all 50 Comments >>
Powered by Jive Software
advertisement

Latest tech news headlines

RSS Feeds

Add headlines from CNET News to your homepage or feedreader.

More feeds available in our RSS feed index.

advertisement
Rackspace

Inside CNET News

Scroll Left Scroll Right
  • News - Business Tech

    Dell planning to ditch factories

    CFO Brian Gladden has said the company has "more work to be done" to improve profitability. Now The Wall Street Journal reports that Dell is planning to lower costs by selling off its factories.

  • Gallery

    Photos: Ron Paul's RNC alternative

    As the Republican convention took place just miles away, a crowd rallied for the former presidential candidate and his message of limited government, ensured civil liberties, lower taxes, and peace.

  • News - Apple

    iPhone to get EA's 'Spore Origins'

    The game that lets players design creatures and see them through a digital evolution is coming to Apple's iPhone and iPod Touch.

  • Beyond Binary

    Microsoft begins big ad push

    Microsoft's multi-year push, estimated at $300 million, begins with a spot featuring Bill Gates and Jerry Seinfeld aired during Thursday's NFL game.

  • Video

    YouTube plays party politics

    During the presidential campaigning four years ago, YouTube didn't even exist. Now it's a tool candidates must master to get their message across. CNET's Kara Tsuboi stops by the YouTube upload booths at the Democratic and Republican conventions to find out why Google's video site has such a big presence in Denver and St. Paul, Minn.

  • News - Wireless

    Was EarthLink's failed citywide Wi-Fi a blessing in disguise?

    Wireless Philadelphia, the nonprofit charged with providing broadband bundles to low-income families in Philadelphia, may be better off in the long run without EarthLink.

  • Video

    Political party playlists

    We know the Democrats and Republicans are split over policy issues, but does their musical taste fall down party lines too? And what kind of gadgets did they bring to the conventions to listen to their music? CNET reporter Kara Tsuboi finds out.

  • News - Gaming and Culture

    Behind the prototyping of 'Spore'

    Many of the components of Will Wright's highly anticipated evolution game started out as small concept projects that are now available to the public.

  • News - Cutting Edge

    Execs predict next Google-like tech

    On eve of company's 10-year anniversary, researchers and business pundits speculate about what technologies might someday have as much impact as Google.

  • Gallery

    Photos: The brains behind Google Chrome

    Here's a look at some of the engineers and executives who took the stage at the company's headquarters as they unveiled the new browser.

  • The Cheapskate

    Record TV in style with a refurbished TiVo HD, $179.99 shipped

    TiVo is offering refurb HD units for cheap, though you'll still have to pay for the TiVo service.

  • News - Politics and Law

    McCain talks up oil drilling, green energy

    Republican presidential candidate says we need to drill new wells now, while supporting innovative transportation technologies and "the use of wind, tide, solar and natural gas."