iPod Faces Patent Probe

twofish writes "The long running patent spat between Apple and the struggling Creative Technology took another turn today. Creative is claiming that the US International Trade Commission (ITC) has now launched a probe into the possibility that the iPod infringes on Creative's patents. Creative has asked the ITC to issue an order stopping Apple from marketing, selling or importing iPods into the US."

Comments

not gonna happen

[SuperBanana]

Creative has asked the ITC to issue an order stopping Apple from marketing, selling or importing iPods into the US

Yeah, good luck with that one, Creative.

For those that don't know- in civil court matters, that sort of action requires you present proof that you will suffer irreperable harm unless the court acts immediately. In other words- if your only claim is a patent violation, you're not suffering irreperable harm, because you can recover patent royalties. Proving irreperable harm has a very high standard, because it is a rather severe action. I would imagine similar standards apply at the ITC.

Laptop + Windows + Winamp = infringement?

[tepples]

It's about the specific implementation

The article doesn't specify the number of the patent at issue, so I can't just go look up the claims on uspto.gov like I usually do. But if this patent is the one I think it is (U.S. Patent 6,928,433), I deconstructed that patent nearly a year ago and found that it's worded so broadly that even Windows 9x + Winamp on a laptop would infringe.