Creative Goes Ahead With Lawsuit Against Apple

After Apple responded to Creative's lawsuit with two of its own and Creative stated that Apple's move surprised them as Apple did not make any mention of their patents during their discussions, it looked like the Cupertino Company might have put enough pressure on Creative to resolve the conflict outside the courts. But it looks like Creative does not want to avoid the long chain of lawsuits that it will be facing.

The Singapore Company has issued a press release, reproduced verbatim below:
U.S. International Trade Commission voted to institute an Investigation of Apple iPod for Infringement of Creative's Zen Patent_Creative Asserts That the 'ZEN Patent' Covers the User Interface of Both Creative's NOMAD and ZEN Portable Digital Media Players and Apple's

iPod, iPod Nano and iPod Mini.

SCOTTS VALLEY, Calif., June 14, 2006 -- Creative Technology Ltd., a worldwide leader in digital entertainment products, announced today that the U.S. International Trade Commission has voted to institute an investigation of Apple Computer Inc. for the iPod's infringement of U.S. Patent 6,928,433, which Creative refers to as the "ZEN Patent." Creative asserts that the ZEN Patent covers the user interface in Creative NOMAD and ZEN portable digital media players and the iPod, iPod Nano and iPod Mini.

The investigation is based on a complaint filed by Creative Labs, Inc., of Milpitas, CA, and Creative Technology Ltd. of Singapore on May 15, 2006. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain portable digital media players that infringe Creative's ZEN Patent. Creative has requested that the ITC issue a permanent exclusion order and a permanent cease order.

By instituting this investigation (337-TA-573), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing, which is typically heard in approximately five to eight months. Judge Luckern will make an initial determination as to whether there is a violation of section 337 or not; that initial determination is subject to review by the Commission. Typically, the Commission will issue its ruling in 12 to 15 months of the institution of the investigation.

The ITC will make a final determination in the investigation as soon as possible. Within 45 days after the institution of the investigation, the ITC will set a target date for completing the investigation.

With the prospect of this taking over a year, one might wonder in what state Creative will be in by then, because recently they have not been doing so well, and with the two suits Apple filed against them, this is not the only legal battle they will be fighting.