Apple Facing New iTunes Patent Dispute

by Glen Shapiro, LawAndTax-News.com, New York

24 June 2005

Apple Computer has found itself in hot water once again over its iTunes music downloading service, it has emerged.

In a suit filed earlier this month, Contois Music and Technology filed a suit against the computing giant in Vermont's District Court, arguing that iTunes infringes on patented technology that it owns.

According to the application filed with the US Patent and Trademark Office by Contois co-founder, Dave Contois in 1999, the patent covers a computer system and method for controlling a media playing device.

The patent application goes on to explain that:

"The system provides a user interface for allowing a user access to media pieces stored in a media database. The interface is also for controlling a media playing device, like a player piano or movie playing video device, that is coupled to the computer to play the accessed or selected piece of media. In one embodiment there is a computer interface that allows a user to display only music that relates to a selected category, like jazz or classical music. Another embodiment allows the user to direct the media playing device to automatically play selected music pieces that are related to a selected music category. Another embodiment allows a user to direct the media playing device to automatically play selected music pieces that are related to the selected music composer or artist."

Contois claims that Apple knew about the alleged infringement at the beginning of 2003, and was formally notified in September 2004. It has therefore called on the court to judge the infringement as wilful, prevent the further distribution of iTunes, and grant it unspecified damages.

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