Facing litigation from Creative Technology over the iPod interface, Apple has hit back with a countersuit that alleges patent infringement by its tormentor.
Now that Creative has followed through on its threat to sue over its music player interface patent by filing an action against Apple, they are on the receiving end of a counterattack from Cupertino.
According to a lawsuit filed by Apple with the US District Court in Madison, WI, Creative infringes on four patents held by Apple. Creative also makes digital music players, but like other Apple competitors has seen the iPod snare the bulk of the sales in the market while reaching iconic status with people around the world.
The International Herald Tribune noted how Creative responded to the countersuit by saying the issues in the lawsuit never came up in talks about Creative’s patent:
“Creative proactively held discussions with Apple in our efforts to explore amicable solutions,” Phil O’Shaughnessy, a spokesman for Creative, said. “At no time during these discussions or at any other time did Apple mention to us the patents it raised in its lawsuit.”
If Creative gets its way, Apple will be forced to stop importing and distributing the iPod in the United States. There is an expectation among industry observers that some type of settlement will be reached before either case goes to trial.
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David Utter is a staff writer for murdok covering technology and business.