RFE&M Partner Quoted on Creative Technology Ltd. v. Apple Computer Inc. Case
May 22, 2006 – EETimes Online

Rothwell, Figg, Ernst & Manbeck partner Martin Zoltick is quoted by EETimes Online on the Creative Technology Ltd. v. Apple Computer, Inc. patent infringement case recently filed in the U.S. District Court for the Northern District of California. On May 15, 2006, portable media player manufacturer, Creative Technology Ltd., filed a lawsuit claiming that the user interface of Apple Computer, Inc.’s iPod players infringes one of its patents. Creative simultaneously requested that the U.S. International Trade Commission investigate whether Apple has violated Section 337 of the Tariff Act of 1930 by importing and selling iPods and related products that infringe its patent. Creative is asking the ITC to prohibit Apple from importing, selling, marketing and advertising the iPod and related products in the United States. In 2005, Apple was the leading seller of MP3 players, shipping 32 million units, while creative was a distant second, shipping 8 million units. Creative recently posted a quarterly loss of $114.3 million.

• Given the soaring popularity of media players and other portable devices, the possibility of other patent suits is very real, said Martin Zoltick, an attorney and partner in the Washington-based intellectual-property (IP) firm Rothwell, Figg, Ernst & Manbeck. “There’s a convergence of technologies in portable devices,” he said. “Video and other multimedia technologies are finding their ways into mobile phones, as is e-mail.”
• Zoltick believes rival consumer electronics companies, unable to put a significant dent into Apple’s MP3 player market share, will try to attack the company on the IP level.
• “Companies spend money to build patent portfolios to gain a competitive foothold,” Zoltick said. “It is part of the business reason Creative might have decided to enforce their patents.”
• Zoltick agreed that the burden of proof will be upon Creative Technology. But Zoltick noted that the decision to file a complaint with the ITC “puts a lot of pressure on Apple. They had better get their defenses ready.”
• He also noted that Apple previously filed a patent application for an MP3 player interface, but that application was rejected because Microsoft had patent applications covering similar technology.

For more information, please contact Martin Zoltick at 202-783-6040 or mzoltick@rfem.com

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