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Apple IPod Investigation For Infringement Of Creative's ZEN Patent


Scotts Valley, Calif. - Creative Technology Ltd. (NASDAQ: CREAF), a worldwide leader in digital entertainment products, 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 ce

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Mere Descriptiveness

Definition:
Statutory basis (Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), TMEP 1209 et seq) for refusing registration of trademarks and service marks because the proposed mark merely describes an ingredient, quality, characteristic, function, feature,

Notice of Allowability

Definition:
A notification to the patent applicant that the application has been placed in condition for allowance.

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