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Itsme
05-16-2006, 06:42 AM
When you can't win in the market, do what others do....sue!
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Apple rival 'tries to ban iPods'

Creative has been struggling to keep up with market leader Apple
Digital music player maker Creative Technology has asked a US court to ban Apple from selling or marketing its iconic iPods in the US.
Creative claims that the navigational menu used for finding and playing music on the iPod, violates its patent for its own Zen MP3 player.

It applied for the patent in 2001 which was granted in August 2005.

Since then it has been threatening legal action. The complaint was lodged at the San Francisco district court.

Import laws breach?

Last year Creative boss Sim Wong Hoo told the BBC he planned to "pursue aggressively" the US patent.

Through the court it is seeking an injunction and increased damages for what it says is a "wilful infringement of the Zen patent".

Creative said it had also filed a complaint to the US International Trade Commission, asking it to investigate whether Apple had breached import laws by selling iPods and the iPod Nano.

Apple's iPod continues to be fantastically popular

It claimed it had met with Apple CEO Steve Jobs and other representatives in 2001 to discuss ways the two companies to work together but had rejected Apple's proposals.

Nobody from Apple would comment on the legal action.

Market share

Creative has struggled against the market dominance of the iPod and earlier this month plunged into the red.

It blamed its $114m (£62m) losses for the three months to March on the plunge in MP3 player prices and its need to get rid of stock.

But it pledged to return to profit in the second half of 2006, saying it was renewing its focus on high-margin products, such as computer sound cards.

Apple launched the iPod in 2001 and now has 72% of the US portable MP3 player market while Creative has less than 10%, according to research group NPD.

Maarchk
05-16-2006, 05:24 PM
I'd be curious to see pictures side by side or to even understand what their patent says... " You can't have buttons on a small electrical device that plays music!" That would be sweet for them, but i have a feelint that they aren't going to walk away from this one in better shape than they showed up.

M-

Devhux
05-16-2006, 09:40 PM
The patent refers to how the music is sorted on the portable player (Playlists, Artists, Albums, Title, Genre, etc.

Creative technically was the first to have such a layout with their 6GB Nomad Jukebox (all the others at the time were just using a directory tree-based format).

Maarchk
05-19-2006, 12:30 AM
The patent refers to how the music is sorted on the portable player (Playlists, Artists, Albums, Title, Genre, etc.

Creative technically was the first to have such a layout with their 6GB Nomad Jukebox (all the others at the time were just using a directory tree-based format).

Cool. Thank you for clarifying... I wonder how it will go... You know, if enough big companies sue apple, they might run them out of money... that would be colorful business tactics..