Creative Technology Ltd., today announced that it has filed a complaint with the U.S. International Trade Commission requesting that the Commission institute an investigation of whether Apple Computer Inc. has violated Section 337 of the Tariff Act of 1930 through its importation and sale after importation into the United States of iPods and iPod Nanos that infringe U.S. Patent 6,928,433, which Creative refers to as the “Zen Patent.” As relief, Creative is seeking an exclusion order and cease and desist order against Apple Computer Inc. The orders sought would prohibit Apple Computer Inc. from engaging in sales, marketing, importation or sale after importation into the United States, or other infringing activities in the United States with regard to the infringing iPod and iPod Nano products.
Creative also filed a lawsuit today against Apple Computer Inc. in the United States District Court for the Northern District of California that seeks an injunction and increased damages for Apple Computer Inc.’s willful infringement of the Zen Patent.
The United States Patent Office issued the Zen Patent to Creative on August 9, 2005 for its invention of the user interface used by most portable digital media players, including many of the Creative Zen and NOMAD Jukebox MP3 players and competing players such as the iPod, iPod Nano and iPod mini.
[Creative’s shares have fallen to an all time low of SGD$8.9 recently but bounced back to $9.2 today. If now is not the best time to buy its shares, I don’t know when is.]