$bbtitle
Apple Stock: 194.34 ( +0.3099 )
RSS RSS Twitter Twitter
Search:
AppleInsider.com Archives News Bytes Reviews Anonymous Mailer Submit Story AppleInsider Forums Mac Prices Polls Advertise on AppleInsider Contact AppleInsider
Save up to $280 on new MacBook Pros and up to $150 on brand new iMacs with special coupons: Mac Pricing Guide updated Nov 6th (Find the best prices on Macs).
Wednesday, October 15, 2008

Luxpro finally sues Apple to defend iPod shuffle clone

By Katie Marsal

Published: 07:55 PM EST

Living up to a promise it made in January 2007, Taiwanese electronics maker Luxpro has at last filed a lawsuit against Apple claiming that the American company was plotting a multinational scheme when it sued Luxpro over its iPod shuffle doppelganger.

The 19-page suit, submitted on Tuesday to a court in Texarkana, Arkansas, not only accuses Apple of trying to unlawfully interfere with Luxpro's business but of an "unending aspiration" to hold a monopoly over the entire world's supply of portable media players that crushes smaller players underfoot.

Reading more as a promotional piece for the company's business than a direct complaint, the lawsuit says Apple's own legal action in 2005 to shut down sales of the allegedly infringing Super Tangent stemmed from a need to "crush" smaller manufacturers before they became larger, which Luxpro insists was well underway thanks to features Apple didn't have and distribution deals in Canada, China and the US -- a 7,000 unit trial with The Source (Radio Shack) in Canada saw the similarly-designed Top Tangent 'fly' off of shelves, Luxpro is proud to state.

The smaller player does take care to formally charge Apple, insisting the iPod maker is interfering with lawful contracts and violating California's Unfair Competition Law to get its monopoly, but is more concerned with the motives.

Besides tying purchased iTunes Store songs to the iPod, Apple has allegedly used "unfair" legal tactics simply to squash competitors, including countersuing Creative in a patent dispute to force a settlement and let it use licenses for the ZEN maker's patents to subdue competitors. Apple knows many smaller companies are growing faster and can't let that happen, Luxpro claims.

And though the purportedly offending Super Tangent player shipped months after the first iPod shuffle, was originally called the Super Shuffle, and bore an uncanny resemblance to the iPod, Apple was reportedly attempting solely to intimidate and take down Luxpro when it took action at trade shows and in the marketplace to stop the 'obviously' different Tangent series of players from being marketed and sold.

iPod shuffle versus Luxpro Super Tangent


This is also said to have included bullying by proxy: Apple allegedly went through ASUS to force a Polish importer to stop carrying Luxpro's goods, achieving the intended effect while letting Apple "erase its fingerprints" left on the affair.

That hurt Luxpro's chances to get on the GraTei securities market and soured deals with suppliers, the plaintiff adds. Even after Taiwan's Fair Trade Commission exonerated Luxpro, the company had lost months of player orders. Apple is now known to be continuing appeals in court against the FTC that have been submitted as recently as February of this year.

For all its certainty regarding Apple's intent and approach, Luxpro has notably backed off from its aggressive damage claims: where it once said it would ask for as much as $100 million from Apple for lost business, the Taiwan company now says the final amount should be determined by a jury at trial.

In its typical fashion, Apple hasn't commented on the lawsuit or Luxpro's accusations.

Filed under : iPod 20 Comments ] 
Story topics: lawsuits, iPod shuffle, Luxpro   Print ] [ Story Link ] 


Pre-Order VMware Fusion 3
RSS
RSS
RSS
Mac Poker players can play Full Tilt Poker for Mac and get 100% to $600 free with bonus code MP600, courtesy of Online Poker Mac
AppleInsider Features
Hot Forum Topics

Recent Articles
Doom game creator suggests Apple embarrassed about iPhone gaming
Report: Apple to launch Verizon iPhone in Q3 2010
Apple unveils holiday shopping in-store pickup option
Apple's Broadway store to open Saturday, Nov. 14
Bizarre lawsuits connect Apple with Sarah Jessica Parker, Lil' Wayne
Apple predicted to countersue in legal battle with Nokia
Windows 7 tops Vista software sales, lags behind in hardware
Report: Apple testing RFID swipe support in iPhone prototypes
Inside Google's Android and Apple's iPhone OS as core platforms
Apple looks to hire new iPhone OS security manager
Apple investigating 'Grab & Go' simplified cross-platform sync
Apple co-founder Steve Jobs named Fortune 'CEO of the Decade'
Review roundup: Motorola Droid, Verizon's first Android handset
Apple's latest 10.6.2 beta packs fixes for VMWare, iMacs, Apple TV
Latest Snow Leopard build resurrects Atom compatibility
Bell, Telus provide new iPhone competition in Canada
'Art project' video game attacks Apple Mac machines
Hacker cracks Apple's latest iPhone 3GS security measures
The Beatles go digital with apples, but still not Apple's iTunes
Apple announces App Store offerings top 100,000
Apple launches iTunes Music Movies with exclusive content
Parallels Desktop 5 for Mac claims speed superiority
AT&T brings lawsuit against Verizon over 'Map' ad campaign
Canalys Q3 2009: iPhone, RIM taking over smartphone market
Hit-or-miss site claims 4G iPhone part; French exclusivity ends
Despite disappointing China debut, iPhone's 2010 predicted to be strong
Philadelphia's first Apple store moves closer to reality
Exclusive look at Apple's new iPod touch-based EasyPay checkout
China Unicom gains 5,000 iPhone subscribers from launch
iPhone makes enterprise market inroads for Apple
Apple pitches $30-a-month iTunes TV subscriptions - report
Apple's iPhone sees tepid sales debut in China
Apple's 2010 capital expenditures could signal major investments
Apple rumored to disable Atom support with Mac OS X 10.6.2
Apple advertising guru says he's 'not going anywhere'
First Look: Apple's 27" big screen iMac
Last chance this year to save an extra 3% on iMacs, white MacBooks
Visionary behind Apple's '1984' advertisement steps down
Flash playback issues reported on Apple's new 27-inch iMacs
Apple expands school initiative with Atlanta MacBook program

AppleInsider Market Place

Sell your Laptop - working or not. Free shipping.: Get an instant online quote and sell your laptop today !

Believe in Office: Save Up To 25% on Office 2004 For Mac. Visit Our Site for Details!

IBackup - SMB Online Backup: IBackup is the preferred online storage and backup service of choice for SMBs for its ease of use, security and value. Offers automated backup and restore, file selection and securiy.

Download free software - everyday updated freeware files

 
Advertisements








AppleInsider RSS Feed
AppleInsider © 1997-2008
Please review our Privacy Policy.
Written/Edited/Compiled by the AppleInsider Staff.