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March 18, 2005

Sticking It In Apple's Ear

Apple Computer may soon think that iPod is an acronym for “ignominious Patents - oh dear”. Two U.S. patents are being asserted against the 21st century Walkman®: 6,587,403 and 6,665,797.

 6,587,403 “Music Jukebox”, assigned to Advanced Audio Devices, has a priority date of July 9, 1997. The 27 page patent has a healthy technical disclosure.

‘403 has a single independent claim, 48 claims total.

1. A music jukebox configured for storing a music library therein, said music jukebox comprising:
a housing;
an audio data receiver arranged to receive audio data from outside the housing;
audio output structure located at least partially within the housing for outputting audio signals;
data storage memory in the housing for storing audio data received from outside the housing through the audio data receiver,
said music jukebox including a user interface comprising a display device located at least partially within the housing,
said display device providing a display which is viewable from outside the housing,
and a plurality of manually operable function controllers on the housing,
said music jukebox configured such that a music library of sound tracks is storable in digital form in the data storage memory as a result of audio data being received from outside the housing through the audio data receiver,
said music jukebox configured such that said music library is organizable into a master song list and at least one group of sound tracks
wherein each group comprises at least one sound track selected from the master song list,
wherein said music jukebox is configured such that indicia of said master song list and indicia of at least one group of sound tracks are displayable on said display,
wherein said music jukebox is configured such that said plurality of manually operable function controllers is useable to select a group of sound tracks stored in the data storage memory
and operate the music jukebox such that said music jukebox outputs audio signals through said audio output structure.

In simpler terms:

1. A music jukebox for storing a music library comprising:
a self-contained device;
a way to put music into the jukebox;
a way to listen to the jukebox's music;
a way to store music in the jukebox;
a way for a user to control the jukebox which includes a display and operable controls;
the music library put into the jukebox is stored in digital form;
the music library can be organized into playlists of tracks;
a playlist and its tracks can be displayed;
a user can select a playlist,
and listen to music.

That almost reads like a product description.

In filing its suit, Advanced Audio Devices stated that Apple "ignored [Advanced Audio's] attempt to seek a business resolution". If true, in time Apple may wish it had sung a different tune.

6,665,797 "Protection of software again against unauthorized use", assigned to Hong Kong-based Pat-rights (catchy name), has a filing date of July 9, 1998, a CIP of a pending application filed December 1, 1995.

'797 has 10 independent claims, 22 claims total. Claim 22, an independent apparatus claim, simply ties itself to performing one of the independent method claims.

The title of the patent, "Protection of software again against unauthorized use", seems to have a stutter; either that, or a self-admission of lacking novelty.

The claim limitations revolve around copy/distribution/usage control based upon user identity.

The assertion by Pat-rights of infringement emanates from a combination of iTunes software and the iPod portable digital audio player. Peter Chung of Pat-rights wrote: "Everyone knows that iTunes allows a user to play purchased music tracks to up to 5 computers, without repeated payment, under the condition that the computers are registered. The computer registration involves a process of identity verification in which a user is required to key in into the computer the correct Apple ID and password he used to purchase the song."

The seven page patent has a single page of figures, shown below, that provides a detailed road map for "one skilled in the art", and proving again that a picture is worth at least four of five words. The disclosure is, however, specific.

Posted by Patent Hawk at March 18, 2005 12:01 AM | Litigation