iTunes patent suit

Apple and David Contois, owner of Contois Music & Technology, faced off in front of a federal Judge today to define the terminology that could be used in a forthcoming trial. Contois -- who is seeking an injunction against the iTunes Music Store along with unspecified damages and legal fees -- is suing Apple for stealing his patented software. Apple denies the claims, and has filed a suit against Contois for its own legal expenses. In the U.S. District Court in Burlington, attorneys for both sides argued about the terminology to be used in the upcoming litigation. The final decision regarding the terminology could provide an advantage to one side, should the case make it to trial or if Judge William Sessions III is asked to make a decision based only on legal filings, according to the Associated Press.

Whose patent?

Contois' lawsuit claims he received his patent in 1999, two years before Apple's popular iTunes Music Store launched to the masses.

Under discussion

The meaning of the word "selecting" in the context of searching an online digital music source for a musical track is currently under discussion, according to the report. Also in question is whether the case should consider both the software and the devices which utilize it, or simply the software alone.

by MacNN Staff