ITC to investigate Creative claims against Apple
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.
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
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.
What is apple doing that everyone else isn't doing as well?
Selling an amazing product, I can't stand creative...
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.
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.
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.
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.
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...