ITC to investigate Creative claims against Apple

Posted:
in General Discussion edited January 2014
Creative Technology on Wednesday said that the U.S. International Trade Commission has voted to institute an investigation of Apple Computer 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.



In the complaint, Creative alleges that Apple has violated section 337 of the Tariff Act of 1930 by importing into the United States and then selling iPods that infringe Creative's ZEN Patent. Creative has requested that the ITC issue a permanent exclusion order and permanent cease and desist order.



By instituting this investigation, 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; 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 at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation.

Comments

  • Reply 1 of 11
    crees!crees! Posts: 501member
    Creative, are you listening? Burn in Hell.
  • Reply 2 of 11
    melgrossmelgross Posts: 33,510member
    Well, this is not exactly unexpected.
  • Reply 3 of 11
    mclokimcloki Posts: 86member
    Will Creative be around in 12 to 15 months?
  • Reply 4 of 11
    melgrossmelgross Posts: 33,510member
    Quote:

    Originally posted by mcloki

    Will Creative be around in 12 to 15 months?



    Maybe not, but there is always a "successor" that will then own whatever IP Creative had. They could choose to continue the suits.
  • Reply 5 of 11
    deapeajaydeapeajay Posts: 909member
    How can it possibly be illegal to import and sell imported goods? What is apple doing that everyone else isn't doing as well?
  • Reply 6 of 11
    Quote:

    What is apple doing that everyone else isn't doing as well?



    Selling an amazing product, I can't stand creative...
  • Reply 7 of 11
    crees!crees! Posts: 501member
    Quote:

    Originally posted by DeaPeaJay

    How can it possibly be illegal to import and sell imported goods? What is apple doing that everyone else isn't doing as well?



    Because allegedly Apple doesn't hold the patent on how the menu works.
  • Reply 8 of 11
    chabigchabig Posts: 641member
    Quote:

    Originally posted by DeaPeaJay

    How can it possibly be illegal to import and sell imported goods? What is apple doing that everyone else isn't doing as well?



    Patents grant an exclusive right to the patent holder to make, sell, or offer for sale products using the patented technology. If the patent is upheld, Apple will have to stop selling iPods. I don't think Apple will lose this, though.
  • Reply 9 of 11
    mark2005mark2005 Posts: 1,158member
    How often does the ITC turn down a request to investigate if all the forms are properly filed? I think rarely. So this is just the same news as Creative's original suit.



    How many companies put out press releases when normal things happen? Very few. Creative is grasping at straws; it is desperate.



    If the final judgement should go against Creative, I think it will fold up its music player shop completely.
  • Reply 10 of 11
    melgrossmelgross Posts: 33,510member
    Quote:

    Originally posted by mark2005

    How often does the ITC turn down a request to investigate if all the forms are properly filed? I think rarely. So this is just the same news as Creative's original suit.



    How many companies put out press releases when normal things happen? Very few. Creative is grasping at straws; it is desperate.



    If the final judgement should go against Creative, I think it will fold up its music player shop completely.




    It's like the



    Oops!



    I meant to cancel that. Didn't realise it went through.
  • Reply 11 of 11
    michaelbmichaelb Posts: 242member
    Quote:

    Originally posted by melgross

    Maybe not, but there is always a "successor" that will then own whatever IP Creative had. They could choose to continue the suits.



    Very true.



    And I'm sure, as in the SCO vs Linux affair, that through various nefarious channels *cough* BayStar Capital *cough*, Microsoft will find a way to help out...
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