Creative Accuses Apple of Violating its Patent
TMO Reports - Creative Accuses Apple of Violating its Patent
by , 1:30 PM EDT, September 1st, 2005
Creative Technology, which on Tuesday announced that it has won what it calls the "Zen Patent" covering the interface for its MP3 players, is "looking at all [its] alternatives right now," according to president Craig McHugh.
According to a New York Times article, Mr. McHugh noted: "We have always been very vigorous in our defense of our patent portfolio." Reporter Laurie J. Flynn noted that Mr. McHugh "said on Wednesday that Apple was the only company that Creative had identified so far that was in violation of the patent, although Creative was investigating others."
Creative said that its defense could include legal action. Apple declined to comment.
Ms. Flynn quoted intellectual property (IP) lawyer Mark Goldstein as saying that Creative is "trying to show they're in the same league" as Apple by going after what he called "the 500-pound gorilla" in the marketplace. Creative holds about 3.3% of the MP3 player market while Apple controls approximately 74%.
However, Tom Field, a professor at Franklin Pierce Law Center who specializes in IP issues, told The Mac Observer that companies don't typically defend their patents by going after the top dog first. "They go after the small potatoes who can't afford to defend themselves, collect license fees from them and then build a war chest for going after the big company," he explained.
He added: "That also makes the patent look better because they can show all these other companies that have agreed to pay license fees."
Mr. Field said that if Apple is found in violation of Creative's patent, it would be forced to pay royalties on the sale of all iPods going back to the date of the Zen Patent's publication, which was Jan. 5, 2001. That would cover all iPods sold since its introduction in October 2001.
Going forward, Apple would have to obtain a license from Creative to keep including that interface on the iPod, which Mr. Field said seemed unlikely "given the bad blood between the two companies." Creative could refuse to sell a license to Apple, if it wants.
Of course, Apple has other alternatives before it has to resort to paying for licenses, altering the iPod's interface or even discontinuing sales of the MP3 player. Mr. Goldstein pointed out to Ms. Flynn that Apple could request that the U.S. Patent Office re-examine Creative's patent. However, to fight Creative in court, Apple would have to show that it had similar technology in existence before Creative started shipping its MP3 players in September 2000.
"What would matter then is what was out there in, say, 1999 and 2000," Mr. Goldstein said. "What anybody was doing similar to Creative could be a huge burden to overcome."
Observer Comments
"Mr. McHugh "said on Wednesday that Apple was the only company that Creative had identified so far that was in violation of the patent, although Creative was investigating others."
What? Lots and lots of MP3 players use the interface that was vaguely defined in Creative's patent. All it takes to confirm that is to use them for, like, a second.
Creative isn't legitimately defending its patent, it's just trying to fight the iPod through dirty tactics because Sim Wong Hoo knows their MP3 players can't compete. "War on the iPod", indeed.
Wot the #@!$ is wrong with Mr Sim Wong Who? He is so irritating, its just like saying I 'invented' the method to pour coffee out of a water heater instead of water and there the water heater is my 'invention'.
This hierarchal structure thingy he claim is his is like the way finder, or explorer works, where one folder leads to another. Having own a nomad jukebox before my iPod, one can testify to the VAST differences in the user interface. Only the zen micro was an exact copy of the iPod interface, right down to the remote control.
ARGH!!!!
The diagram on file with the patent looks like the old finder interface, with disclosure triangles to navigate the hierarchy. The iPod uses an interface more like the new column-based system in OS X. They're both based on a hierarchy, but the method of navigation is vastly different. I'd say they don't stand a chance.
Will they sue everyone who uses a hierarchical file system? Will Apple and Microsoft have to pay royalties for their operating sytems going back to the 80's? You could play music on those systems and they had hierarchical file navigation. I can't believe that the patent was granted.
In any case all Apple has to do is show that the iPod is a general purpose computer with a hierarchical file navigation system that happens to play music (as well as play games, store appointments, contacts and photos). Years of prior art in the form of their Mac OS will show that they copied nothing from Creative.
[quote="Guest"]
QuoteAnonymous wrote:
I'll buy your MP3 player, Creative, once it stops sucking. Until then, stop suing Apple... Apple's strong, Creative's design team is weak.
Trolls in a can!
Fixed your comment for you.
In any case, I think Creative should sue Apple for having a better product. That's unfair and actionable, isn't it?
Creative has just confirmed their status as a total joke. The iPod has been kicking their ass and taking their lunch money for YEARS and they've never been able to come up with a good response. I guess they've just given up and have decided to go the legal route because they KNOW they just can't compete.
Poor Creative. An also-ran in the market, they'll lose the legal fight too. They should concentrate on the bottom of the market, like $49 players or so. Apple probably isn't interested in taking that away from them too.
Agreed. I
QuoteGuest wrote:
Creative has just confirmed their status as a total joke. The iPod has been kicking their ass and taking their lunch money for YEARS and they've never been able to come up with a good response. I guess they've just given up and have decided to go the legal route because they KNOW they just can't compete.
Poor Creative. An also-ran in the market, they'll lose the legal fight too. They should concentrate on the bottom of the market, like $49 players or so. Apple probably isn't interested in taking that away from them too.
Agreed. I don't know why Creative, Dell and the rest of the iPod wannabees don't just copy Apple's design as far as they can get away with, if nothing else. The stuff they're putting on the market is just garbage, and thats why they're losing.
I cannot understand why so many is bashing Creative and the Patent office for awarding such a patent. Are you all bloody blind to understand that Apple tried to patent the same bloody thing? You are essentially attacking Apple as well idiots...
Apple did that later, that was the difference. Freaking applefanboys... Haven't you guys a head of your own?
Tue May 16, 2006 9:54 am Subject:
If you bother to read the posts around here, you'd notice that most think patents on this sort of thing are stupid regardless of who files for it. The Patent Office seems to hand them out for the most ridiculous claims.
But, since you decided to throw in the "fanboy" insults, you probably just want to stir the pot. Or are you just incapable of making a reasoned statement without insulting your audience?
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