The Cupertino company is being sued by a Chittenden County businessman who has filed a federal lawsuit, accusing Apple of stealing his design for digital jukebox software. David Contois, who owns Contois Music & Technology in Essex Junction, is hoping for a court order that would prevent Apple from distributing the extremely popular iTunes program, and has requested an unspecified amount of monetary damages and payment to cover fees to his legal team.
The 10 page lawsuit claims that Contois
developed software to play music on a computer in the mid '90s, which was exhibited at industry trade shows in 1995 and 1996 in Nevada and California. According to the lawsuit it was at these trade shows that Apple's "current or future employees" saw the software and then later duplicated it, thus violating his patent. "Apple has copied the invention," reads the lawsuit, which was filed in June. "Apple's infringement has been and continues to be willful."
Apple spokeswoman Kristin Huguet stated Apple had no comments beyond the official statements filed in the case.
"Apple does not infringe, has not infringed, has not contributed to the infringement of and has not induced the infringement of the patent", reads a passage of the response. Apple believe the lawsuit should be thrown out. Apple claims that Contois was negligent in not presenting his claim sooner, thus putting them at a disadvantage in defending themselves because witnesses or evidence might have become unavailable or been lost. Apple also claims that the lawsuit lacks merit because Contois' patent in invalid.
The Cupertino company's attorneys have filed a counterclaim asking that Contois pay Apple's legal fees and costs.
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