Arstechnica has and article on news that Creative is suing Apple for infrigment on their “Zen Patent”, which is a portable media player interface found on Creative Zen products. The patent (6,928,433), was awarded in 2005 as:

A method of selecting at least one track from a plurality of tracks stored in a computer-readable medium of a portable media player configured to present sequentially a first, second, and third display screen on the display of the media player, the plurality of tracks accessed according to a hierarchy, the hierarchy having a plurality of categories, subcategories, and items respectively in a first, second, and third level of the hierarchy

Basically, Apple iPods use this method and in 2002 was rejected their application for a patent for the method because Creative’s filing of the patent in 2001. Apple must have known they were treading on thin ice after that rejection, maybe they made the decision to continue on as only now has Creative made the complaint. Creative must have known before this time even though the patent was not award until 9 months ago that Apple have been infringing.

This to me points out that Creative have waited all this time for Apple to increase their share and make some money before they sue them for big bucks. Apple ipod products dominate the portable media market with around 80% share. This means that whilst Creative are number 2 in this industry, they are far far behind.

I’ve heard lots of Patent infringement stories, and one thing that is consistant is the inconsistancy of judgements made.