iTunes patent suit

A hearing is scheduled for Wednesday to discuss the case of David Contois, owner of Contois Music and Technology in Essex Junction, who is suing Apple and asking the judge to end the distribution of iTunes software. "Apple has copied the invention," according to the lawsuit. "Apple's infringement has been and continues to be willful." The suit--filed in June--claims that Contois exhibited his software to play music on a computer at industry trade shows in 1995 and 1996, in Nevada as well as California. Apple denies the allegations and is seeking reimbursement of its own legal fees, according to the Associated Press. Contois charges that Apple's "current or future employees" viewed his patented software at the aforementioned trade shows, and later duplicated it. Contois formally notified Apple of the patent in September of 2004, but says that Apple knew about the patent as early as January 2003. Apple says the lawsuit should be dismissed because Contois did not make his claim sooner, according to the report.

by MacNN Staff