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Creative preps for more Zen patent lawsuits to "protect" itself
Fresh off their victory in getting Apple to cough up a hundred million dollars for potential infringement on their Zen patent (which outlines hierarchical menu systems for portable media devices), it should come as no surprise that Creative's legal team is mounting up, and the company has issued a statement that they intend to pursue cases of the patent's infringement elsewhere. The President of Creative Labs Inc., Craig McHugh, told DowJones, "There many MP3 player makers in the US market that are currently using the Zen technology, and there are also several cellphones that are music-enabled that are using the Zen patent," following up with, "We are also ready to take the necessary steps to protect our intellectual property." Yeah, we're sure they are; but as Steve said himself, "Creative is very fortunate to have been granted this early patent..." It's obvious Creative is going to leverage this newfound empowerment over the portable media player device industry to the best of their legal abilities, so we can only hope that something as ridiculous as the Zen patent will eventually be overturned by the USPTO due to prior art, or be rejected because as an invention it's a little far-reaching to be fairly exercised.
Apple and Creative settle, Apple forks out $100m
If you can't beat 'em, sue 'em, right? That's the American way, after all, and it's serving Singapore-based Creative very well. As some may well remember, not even four months ago Creative filed suit against Apple for violating their "Zen patent," which pertained to a hierarchical menu system for portable media players; Apple countersued Creative, and then in the true Jobsian style of raining down on his foes, launched a second suit pertaining to icons and data display and entry in such portable devices. (Apparently two other suits also went down behind the scenes.) Guess those didn't work too well, as today Apple announced they'd be handing over $100,000,000 US (would you look at all those zeroes?) to Creative to license the "technology" outlined in the Zen patent -- the exact amount Creative pledged to spend on advertising against the iPod in 2005. It also looks like Apple scored a deal wherein they'll recoup some of those costs if and when Creative extorts leverages the patent on other media player companies. But perhaps the most bizarre bit of all, Creative seems to be jumping right into bed with Apple now that their spat's over, and is now officially a Made for iPod program partner with iPod accessories expected this year. This abusive relationship is starting to turn a little weird, like divorced parents getting back together or something -- can't we just go back to the days when the two had nothing but vitriol and recrimination for one another? Still, gotta love the vaguely optimistic spin Jobs put on the sitch: "Creative is very fortunate to have been granted this early patent..." Yeah, we'd say you're damned right, Steve.[Thanks, pspspsp, Ryan, and Roopesh]
Apple files another patent suit against Creative
Not content to merely hit back at Creative with one patent suit in exchange for being dragged into court over possible interface patent infringements, Apple has thrown down another lawsuit to make 'em really sorry. Word on the playground says Creative won't even be invited to Apple's birthday party. But as much of a tantrum as it looks like, leveraging their considerable IP on interface design might be Apple's best shot at getting through their legal woes, and they sure seem to be taking it. The new suit refers to three patents regarding icon use, and displaying and editing data. Apple is also asking for cash damages, a court order to stop Creative from further infringement and a block on imports of Creative's current players. We're pretty sure the prior meaning of "Zen" got lost somewhere along the way.[Via iLounge]
Right back at you: Apple sues Creative
Oh, this is going to get good. Turns out Apple sued Creative for patent infringement the very same day that Creative filed suit against Apple. We're guessing Apple had a suit waiting in the wings just in case Creative tried to pull something, because a Creative spokesman said that "Creative proactively held discussions with Apple in our efforts to explore amicable solutions," and that "at no time during these discussions or at any other time did Apple mention to us the patents it raised in its lawsuit." There's no word as to what the patents refer to, but it sounds like they cover stuff outside of the "Zen Patent" realm if Creative didn't know about them. This surprise attack is at least a minor win for Apple legal, but we're sure Creative's team won't go down without a fight, so grab the popcorn and prepare to enjoy the beauty of modern day patent law.[Via iLounge]
Creative sues Apple for violation of "Zen Patent"
The love fest between Creative and Apple continues, but this time it's pretty serious. Creative is pulling out those media player interface patents they filed in August of last year, and suing Apple for patent infringement with their iPod, iPod nano and iPod mini players. It doesn't seem to matter much to Creative that two of those players were released long before the patent in question, and the iPod nano came out a mere month later. There's also no mention of a seemingly more legitimate argument: Apple's possible trademark infringement in the use of the "nano" name. Creative claims that their NOMAD Jukebox was on display at CES in January 2000, and there displayed the user interface that has since been copied by Apple and others. This user interface is covered in August's "Zen Patent," and sounds vaguely defined enough to have some weight in court, as silly as it seems. Creative of course wants a cease and desist order to be issued, and basically a complete death of the iPod unit in general, but that's no surprise. All we can do now is sit back and watch the sparks fly.
