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A Vermont company is suing Apple Computer (Nasdaq: AAPL) for alleged patent infringement. Contois Music & Technology filed suit last week in U.S. District Court in Vermont, alleging that the interface for iTunes infringes on its patent and has "irreparably" damaged the company.
According to the lawsuit, Contois is seeking a preliminary and permanent injunction against the iPod maker. Contois is also charging that Apple's patent infringement is willful and has asked the court to take this into account by tripling the amount of damages it would otherwise award. Contois is seeking unspecified damages in the suit.
Apple did not immediately return calls seeking comment.
Singing Foul
Contois is a 34-year-old family-owned business that launched its Internet division in 1996 under the name eMusicGear.com. The company sells music products and accessories from companies like Yamaha and Casio.
In the suit, the company claims it gave Apple written notice of its patent in September 2004, and also alleges Apple was aware of its patent as early as Jan. 30, 2003.
The lawsuit said Contois owner David Contois displayed his idea for a music-playing computer interface software at the Comdex event in November 1995 and again at a music trade show in 1996. The suit claims that Apple employees, or those who later became Apple employees, attended the event and saw Contois' exhibit.
Technology Business Research analyst told MacNewsWorld that there could very well be some striking similarities between Contois' invention and the iTunes interface Apple offers. His concern is why the lawsuit is just now springing up.
"Obviously iTunes is pervasive now," Deal said. "I don't see any reason to wait to file a lawsuit as long as this company did."
Crying Wolf?
Could it be possible, as some Apple fans have claimed, that small companies target the computer maker because of its sheer size in an effort to gain publicity? Deal said that is a gut reaction that some have when new patent infringement lawsuits are filed against the company and admits it is possible that is the motive behind some suits.
But just as Deal is skeptical over the timing of the lawsuit, he is also skeptical about the argument that says making a quick buck and generating publicity is the sole reason for most of the suits against large companies like Apple and Microsoft (Nasdaq: MSFT).
"It's an unwise move for a company to bring suit against Apple unless they are prepared to defend it," Deal said. "While a company does garner press from such a claim, how will that press benefit them if the claim turns out to be false?"
Facing the Music
This is not the first time Apple has faced the music with iTunes-related patent suits. In March, Chicago-based Audio Devices filed suit against Apple in federal court for allegedly violating its patents for a "music jukebox."
In a second claim, Hong-Kong-based Pat-rights charged that Apple's digital rights management technology violates a patent the company was granted in December 2003 for a method of "protecting publicly distributed software from unauthorized use" and a subprogram for authenticating user computers.
Virgin has complained to European regulators that Apple's refusal to license its FairPlay digital-rights management technology is unfair. And in the past, Apple settled patent claims with Apple Corps., the Beatles' record label, for going beyond the permitted use of the Apple trademark by entering the music business. Apple also settled with E-Data over patent infringement claims with the Apple Music Store.
