It's like an Old West gunfight: word comes that on the same day Creative sued Apple over the iPod interface, Apple sued Creative for violating four of its patents.
Seems like gunslingers aren’t the only fighters who like to play quick-draw: according to a report from Bloomberg News, Apple Computer filed a lawsuit in a Wisconsin court against Creative Labs on the very same day Creative sued Apple for infringing on its so-called “Zen” patent for interface elements on portable music players. Apple’s complaint? Creative products are violating four of Apple’s patents.
Unfortunately, very little additional information is available, including the text of Apple’s complaint. According to Bloomberg, Creative spokesperson Phil O’Shaughnessy said Apple never mentioned its patents during talks to find a resolution to Creative’s claims of patent infringement.
Apple has not commented on the suit, and almost never discusses pending litigation.
Creative’s suit against Apple asks for an injunction which would prevent Apple from importing, selling, or marketing its current iPod and iPod nano music players.
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RSSCreative: We've got them by the balls now. Let’s call them up and make ‘em grovel.
((ring ring))
Apple: Hello
Creative: I'm sure you heard the news. No use in beating around the bush, we’re calling to discuss the royalty rate you will pay us.
Apple: We submitted a patent for the very same thing you just happen to win out…timing luck. Besides, your stinky little patent has nothing to do with the success of our Ipod.
Creative: We own it and we need to get paid. Our stock holders need a return on their investment!
Apple: Never.
Creative: We insist that you discuss it.
Apple: No.
Creative: We legally own the rights to that patent!
Apple: So, why are you starting with us, why aren’t you suing Iriver, Sony or Samsung. Aren’t they “infringing” on the same patent.
Creative: Oh Please, don’t get me started. They made less money then us on MP3 player sales.
Apple: So you’re suing us because we’ve been highly successful with our MP3 player. Is that it?
Creative: We will sue them too, eventually--but getting back to the point! We need to determine a fair royalty rate.
Apple: Absolutely not.
Creative: Why?
Apple: Because there is nothing creative about Creative. You've practically copied the look and feel of our Ipod design from the get-go. And now, you expect us to pay you because you had no success at copying our Ipod. We think—NOT!
Creative: That menu patent was our original idea. It is our intellectual property and we insist that you pay us for using it.
Apple: Yeah, right. (sarcastically)
Creative: Then we’ll see you in Court. We going to sue you to the core—no, to the seeds in you core!
Apple: You're wasting our time. We’ve got to fill a bevy of Ipod orders; 500,000 customers called saying they returned something called a Zen and now they want an Ipod…something about it doesn't work with iTunes. Goodbye. (click)
Creative: Ooooooooooo!!!!!!!!
((ring ring))
Creative's Legal Dept.: Hello
Creative: Let's sue that Dirty Rotten Apple!
Creative's Legal Dept.: We'll get right on it boss.
***9 months later***
Creative files a lawsuit against Apple.
Creative: We want Apple to cease and desist all Ipod sales in the US. We want a big settlement like that US company got against the Canadian Blackberry. I think they settled for a little less than a billion. That would be fine by us.
***Later that same day...***
((ring, ring))
Creative: Hello
Creative's Legal Dept.: Hey boss, Apple is counter suing us. They say we are infringing on FOUR of their patents. The word is out and our $5.00 stock is dropping fast! What shall we do boss?
Creative: When we were amicably discussing the terms of our patent rights with Apple; they never mention they had Four patents we are allegedly using. I wonder why?
***The story continues…***