You just have to love patent law and the mechanics of the U.S. court system. First Creative filed suit against Apple, claiming the iPod infringes its “Zen” patent. The same day, Apple fired back alleging Creative violates several Apple patents, and later amended that suit to include a total of seven Apple patents.
Last Thursday, Apple filed a second suit in a Texarkana, Texas court alleging that Creative is infringing on at least three additional Apple patents, including one covering editing data using a portable media device, one for creation of icons to organize files on a computer, and another covering aspects of data display on a computer. Apple seeks unspecified damages and an injunction to prevent Creative from further infringing on the patents.
The choice of Texarkana for a venue is another peculiarity of U.S. patent law: the district sees a disproportionate share of patent litigation cases because legal experts believe trial juries there tend to uphold the rights of patent holders. Analysts see the move as another way for Apple to put pressure on Creative to resolve the patent disputes or face a long (and possibly doomed) court battle.
[Gee, maybe if Creative could partner with a band more popular than U2, they’d stand a better chance?]