ZapMedia looks to take patent bite out of Apple

by Stevie Smith - Mar 13 2008, 19:05

Apple Inc.’s global dominance in the world of trend-setting hardware seemingly knows no bounds, as does the drive of those looking to execute legal strategies to take a juicy bite out of Apple’s unmitigated success in the marketplace.

Moreover, according to technology company ZapMedia Services Inc., the phenomenal success enjoyed by California-based Apple Inc. through its hugely popular iTunes Store and range of iPod music players is built on the illegal use of two of its technology patents.

ZapMedia has subsequently filed a patent violation lawsuit against Apple through the U.S. District Court for the Easter District of Texas, with the Atlanta-based company looking to secure unspecified royalties against cumulative sales made through the iPod player and the online iTunes music store.

The massive popularity of the iTunes Store has recently seen Apple rise to second position behind retail giant Wal-Mart when it comes to music sales in the United States, reports the Associated Press. iPod and iTunes sales in 2007 climbed to almost $11 billion USD.

According to ZapMedia’s patent complaint, Apple’s dual violation concerns how music and other digital material is dispatched from server locations through to waiting media players and also the application of digital rights management. The patents in question were applied for in 1999, with one formally delivered in 2006 while the other was granted only this week.

“When someone takes our vision and our intellectual property without a license after several attempts, we have no option but to protect it through every means available to us,” outlined ZapMedia general counsel Robert Frohwein in an official statement.

While Apple has responded to the accusations by saying that it will not issue comment on pending legal issues, ZapMedia insists that it made numerous approaches regarding the licensing of its technology, but was turned away each time.

ZapMedia’s patents can be viewed directly by clicking here and here.

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