U.S. International Trade Commission Voted to Institute an Investigation of Apple iPod for Infringement of Creative's Zen Patent

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U.S. International Trade Commission Voted to Institute an Investigation of Apple iPod for Infringement of Creative's Zen Patent

  Creative Asserts That the 'ZEN Patent' Covers the User Interface of Both
 Creative's NOMAD and ZEN Portable Digital Media Players and Apple's iPod,
                          iPod Nano and iPod Mini

    SCOTTS VALLEY, Calif., June 14 /PRNewswire-FirstCall/ -- Creative
Technology Ltd. (Nasdaq: CREAF), a worldwide leader in digital
entertainment products, today announced that the U.S. International Trade
Commission has voted to institute an investigation of Apple Computer Inc.
for the iPod's infringement of U.S. Patent 6,928,433, which Creative refers
to as the "ZEN Patent." Creative asserts that the ZEN Patent covers the
user interface in Creative NOMAD and ZEN portable digital media players and
the iPod, iPod Nano and iPod Mini.
    The investigation is based on a complaint filed by Creative Labs, Inc.,
of Milpitas, CA, and Creative Technology Ltd. of Singapore on May 15, 2006.
The complaint alleges violations of section 337 of the Tariff Act of 1930
in the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain portable
digital media players that infringe Creative's ZEN Patent. Creative has
requested that the ITC issue a permanent exclusion order and permanent
cease and desist order.
    By instituting this investigation (337-TA-573), the ITC has not yet
made any decision on the merits of the case. The case will be referred to
the Honorable Paul J. Luckern, an ITC administrative law judge, who will
schedule and hold an evidentiary hearing, which is typically heard in
approximately five to eight months. Judge Luckern will make an initial
determination as to whether there is a violation of section 337; that
initial determination is subject to review by the Commission. Typically the
Commission will issue its ruling in 12 to 15 months of the institution of
the investigation.
    The ITC will make a final determination in the investigation at the
earliest practicable time. Within 45 days after institution of the
investigation, the ITC will set a target date for completing the
investigation.
    Creative's filing with the U.S. International Trade Commission is
posted at http://edisweb.usitc.gov/edismirror/337-
573/Violation/254079/287737/bba/754074.pdf
    The full text and images of the ZEN Patent, U.S. 6,928,433 are
available at http://www.uspto.gov.
    About Creative
    Creative is a worldwide leader in digital entertainment products for PC
users. Famous for its Sound Blaster(R) sound cards and for launching the
multimedia revolution, Creative is now driving digital entertainment on the
PC platform with products like its highly acclaimed MuVo(R) and ZEN
portable audio players. Creative's innovative hardware, proprietary
technology, applications and services leverage the Internet, enabling
consumers to experience high-quality digital entertainment -- anytime,
anywhere.
    This announcement refers to products and pricing sold in the United
States of America. MuVo and ZEN are trademarks of Creative Technology Ltd.
in the United States and/or other countries. All other brand and product
names are trademarks of their respective holder and are hereby recognized
as such.

SOURCE Creative Labs, Inc.

http://www.uspto.gov/

http://www.creative.com/
CONTACT:
Phil O'Shaughnessy of Creative Technology
Ltd., +1-408-546-6773, or poshaughnessy@creative.com