1. Creative Technology vs. Apple Computer Zach Duff IEOR 190G November 3, 2008

2. The Players: Creative SoundBlaster sound cards Nomad, MuVo, & ZEN portable audio players

3. The Players: Apple Macintosh computers iPod line of portable audio players

4. The Patent: 6,928,433 – Automatic Hierarchical Categorization of Music by Metadata

5. The Patent: Abstract “A method, performed by software executing on the processor of a portable music playback device, that automatically files tracks according to hierarchical structure of categories to organize tracks in a logical order. A user interface is utilized to change the hierarchy, view track names, and select tracks for playback or other operations.”

6. The Patent: Claims 1. A method of selecting at least one track from a plurality of tracks… the method comprising: Selecting a category in the first display screen of the portable media player; Displaying the subcategories belonging to the selected category in a listing presented in the second display screen; Selecting a subcategory in the second display screen; Displaying the items belonging to the selected subcategory in a listing presented in the third display screen; and Accessing at least one track based on a selection made in one of the display screens.

7. Essentially: Song selection on a portable audio device by: ▫Genre -> Album Title -> Song Title ▫Artist -> Album Title -> Song Title ▫Album Title -> Song Title ▫Song Title Transition from screen to screen Adding selected song(s) to a playlist

8. Also discussed: Metadata Database Automatic database updating Modifying metadata on a host computer Multiple methods for accessing a track Playlists as a means to organize music

11. Timeline Jan. 5, 2001: Creative patent filed September 2000: Creative Nomad hits market October 2001: Apple iPod hits market July 2005: Apple patent application denied Aug. 9, 2005: Creative patent granted May 15, 2006: Creative lawsuit filed, Apple countersuit filed August 23, 2006: Creative & Apple announce $100 million settlement, licensing agreement October 2002: Apple tries to patent iPod interface

12. My Opinion Brilliant patent Any audio device with a screen will need an interface Roles could easily have been reversed Obviousness – 3 tried to patent ▫Same interface 7 years, 6 generations later ▫How else to do it?

13. Questions?