[Cody Overcash]

Back in 2005 LuxPro ripped off the iPod Shuffle with their "Super Shuffle." The look and operation was almost identical to the iPod Shuffle along with the specs.

Apple responded by getting an injunction in Taiwanese court preventing LuxPro from making, distributing, or selling any MP3 player. This was later over ruled in 2007 allowing LuxPro to produce MP3 players again.

Now LuxPro has decided to sue Apple with claims that Apple holds a monopoly in the digital music player market and abuses power to keep competition from being successful.

According to the lawsuit when Apple's injunction against LuxPro was approved in 2005 Apple " . . . sent warning letters to other companies doing business with Luxpro demanding that they cease doing business with Luxpro." "For example, Apple placed significant pressure on InterTAN, a subsidiary of U.S.-based consumer electronics giant Circuit City (NYSE: CC), to drop Luxpro's MP3 players from its retail shelves."

The Lawsuit is for a rather small amount of $75,000. Does LuxPro have any chance of winning this? I don't know. What I do know is a simple equation. Rip-off an Apple product and Apple will destroy you.

[via informationweek]

[dale1v]

They won't win. Guaranteed.

[Ale_lock]

Question is, how was it over ruled?! o.0

[461am]

Even if they don't, I think they're in the right. Apple has no right to exert pressure in that way.

[PlatoTheForms]

I don't think LuxPro has a good chance of wining this...oh and why did'nt Apple sue Microsoft for vista? lol

[Iman07]

i hope they win. its not like that have a patent for the ipod shuffle, do they? if they do, then how did they over rule it?

[haibane]

luxpro will probably be hit with a patent infringement lawsuit or at least I hope.

[ybahman]

The ipod shuffle's design wasn't exactly innovative.
And it certainly didn't come with any advanced features or hardware to patent.

There were only 2 things special about the shuffle:
The only thing that was significant about the shuffle was its lack of features. I don't know if you can patent a lack of features...

And

People could actually afford an apple product.


that being said... i dont know if apple will win this one.

but hell lawyers dont go to school for all that time for nothing.

[sikdaz]

lol luxpro lost already...

[rdwalsh]

A Patent is a patent, regardless on what it is for. Apple has always been cutting edge in their concepts and designs, and a lot of other companies use this to fuel their products conception. Web designers do it all the time, advertising agents, etc.

The issue is not a fact of Apple Monopolizing a market, you own a patent, you can do what you want. Regardless if it trumps someone elses business. Apple spent money on making the design, apple spent money on staff researching and developing the concept of the shuffle. They released a product, and it was duplicated. So in the end, Apple has every right to sue, contersue, employ methods of purchasing discouragement. It is their product, they can do with it as they please.

In all legal terms, if the concept is the same, they can offer to sue. It is up to the proceeding trial court to decide if an infringement is indeed the case. In the initial case, that is what was decided. So that is where it stands, it can be overruled based on new information provided if the court is willing to reopen the trial.

It goes very similar with Apple's battle in Canada to market the term iPhone.

[tattoojack]

[ultimatexpka]

Originally Posted by Emelin27

I don't think LuxPro has a good chance of wining this...oh and why did'nt Apple sue Microsoft for vista? lol

cuz microsoft has way more money then apple, they are still leading

[Sparblaze]

Originally Posted by Emelin27

I don't think LuxPro has a good chance of wining this...oh and why did'nt Apple sue Microsoft for vista? lol

Microsoft is such a big company that would be a hard case. Apple does file a lot of patents though, but they want people to see how Microsoft copies their ideas.

[tudtran]

I think Apple should pay LuxPro the money and settle this out of court. I pretty sure Apple can afford $75,000. This wasn't a pattern violation. I hope Apple doesn't turn into Walmart. Killed all the small business.

[zoolander369]

Apple=Walmart???

Scary