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Apple & Creative settle: Apple pays $100M for ‘Zen’ patent, Creative plans iPod accessories
Wednesday, August 23, 2006 - 05:55 PM EST

Apple and Creative Technology, Ltd. today announced a broad settlement ending all legal disputes between the two companies. Apple will pay Creative $100 million for a paid-up license to use Creative's recently awarded patent in all Apple products. Apple can recoup a portion of its payment if Creative is successful in licensing this patent to others. In addition, the companies announced that Creative has joined Apple's 'Made for iPod' program and will be announcing their own iPod accessory products later this year.

"Creative is very fortunate to have been granted this early patent," said Steve Jobs, Apple's CEO in the press release. "This settlement resolves all of our differences with Creative, including the five lawsuits currently pending between the companies, and removes the uncertainty and distraction of prolonged litigation."

“We’re very pleased to have reached an amicable settlement with Apple and to have opened up significant new opportunities for Creative,” said Sim Wong Hoo, chairman and CEO of Creative, in the press release. “Apple has built a huge ecosystem for its iPod and with our upcoming participation in the Made for iPod program we are very excited about this new market opportunity for our speaker systems, our just-introduced line of earphones and headphones, and our future family of X-Fi audio enhancement products. We expect that the one-time licensing payment of $100 million will contribute approximately $.85 of earnings per share to our current quarter, ending September 30, 2006."

"It was unclear whether Creative would continue to make its own Zen line of digital music players, which compete with the iPod. If so, the move would mark one of the first times that a company had both been a partner and competitor with Apple in the digital music space," Troy Wolverton reports for TheStreet.com.

Wolverton reports, "Apple spokesman Steve Dowling directed questions about Creative's plans for the Zen and its iPod accessories to Creative. A Creative representative did not return a call seeking comment."

"Although Apple will be out $100 million for the license, the company may be getting some of that back. As part of the deal, Creative agreed to return some of that money to Apple if it is successful licensing its patent to other companies," Wolverton reports. "Apple did not say how the deal might affect its current-quarter results, but the settlement amount is equivalent to about 11 cents a share, given the company's diluted share count at the end of its most recent quarter."

Full article here.

[UPDATE: 6:33pm EDT: Added quotes from TheStreet.com.]

MacDailyNews Take: And so ends the war, not with a bang, but with a whimper from Apple's petty cash drawer (or a nice fat check from Creative's point of view). So, excellent news all around! Many had expected just such a settlement and some - including us, as recently as August 11, 2006, though mostly tongue-in-cheek - had suggested Creative make iPod accessories instead of continuing to bleed money trying to make and sell iPod also-rans. Don't be too surprised if Creative's MP3 player-making days soon come to an end; that may have already happened unofficially today.

Oh, yeah: Microsoft had better make sure that their Zune interface doesn't infringe on Creative's patent. wink

Notes: Apple Computer Inc. continued to lead the U.S. digital music player market in the second quarter with a 75.6% share, according to the NPD Group. Creative was third with 4.3%, following SanDisk's 9.7%. For its third fiscal quarter ended July 1, 2006, Apple generated $1.954 billion in iPod and iTunes Music Store sales, iPod services, and Apple-branded and third-party iPod accessories.

[UPDATE: 7:12pm EDT: Added Microsoft Zune and Notes portion to the Take.]

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Aug 23, 06 - 05:04 pm Comment from: CheekyGit

Hell..Apple could of bought Creative for $100 million and still have change leftover.

Check off another lawsuit off the list.

Aug 23, 06 - 05:05 pm Comment from: Willie G

Excellent indeed.. now if we can just get all this stock-option ugliness behind us.

Aug 23, 06 - 05:07 pm Comment from: Synthmeister

Wow! I know Apple has 9 billion in the bank or whatever but I didn't think they would cough up this kind of cash. Creative must have actually had a real case here for Apple to back down.

On the other hand, it's sounds like Creative finally wised up and realized, that patent or no, they weren't going to even make a pinprick in Apple iPod business. So take the money and get in bed with Apple and start cranking out iPod accessories.

Aug 23, 06 - 05:07 pm Comment from: critic

I think that the iPod accessories announcement is a sretty strong sign that the Creative is going to drop their own players. Competing in this market is costing them too much in marketing expenses (and inventory writeoffs when the units dont sell)

Aug 23, 06 - 05:07 pm Comment from: JohnE

Steve pulls out the $100M dollar bill from his jeans left little pocket...(the other has his nano in it)...and says, "Let's move on"...by the way, Steve's face is on the $100M bill.

Aug 23, 06 - 05:07 pm Comment from: JEG

I guess they were afraid of litigation going on forever.

I think Apple is being generous here. It gives Creative the chance to make money because after the iPod and the Zune coming up there won't be much market for them.

Aug 23, 06 - 05:07 pm Comment from: smartyguy

creative is the scummiest of all scummy bottom-dwelling companies. I wish it didn't end with $ in their pocket, they don't deserve it.

Aug 23, 06 - 05:09 pm Comment from: Big Al

Everyone else will be filing their Lawsuits in short order to get a piece of the iPod fortune.

Apple made a big mistake settling for that much money.

Aug 23, 06 - 05:09 pm Comment from: Pete Peterson

I agree with MDN take. With all the pressure Apple is under with NASDAQ delisting threat (pay attention to this, it's not nothing), disappointing Intel first edition machinery, and a very, very weak new cat (so far), Apple needs to get some breathing room and work on quality, performance improvements and customer care.

Aug 23, 06 - 05:11 pm Comment from: iSteve

More blood on the click wheel? Blood, not from a fatal blow but a crippling injury...

Aug 23, 06 - 05:13 pm Comment from: Creative Basher

BOYCOTT CREATIVE

Don't buy their stuff, they will spend millions of dollars to make absolute junk that will ruin any iPod stuck in them. Creative don't play nice.

There is a company called 3DLabs which Creative owns, they make awesome and affordable 3D rendering video cards, but won't make any for Mac's.

For many years Mac users have begged the company to make cards for Mac's because rendering on the Mac's suffered compared to their PC versions.

3DLabs wrote nasty emails back to Mac users telling them to get a Windows PC and that the Mac "was dead" and that the parent company (Creative) hates Apple, see's them as a competitior and will not associate with Apple or it's products.

CREATIVE IS NO FRIEND OF MAC USERS.

BOYCOTT CREATIVE

Aug 23, 06 - 05:14 pm Comment from: Bill

This was a savvy move on the part of his-Jobness. There's no "moral highground" to be awarded here so, pay Creative royalties, let them make iPod accessories and watch their branded players vanish from the marketplace. This is win win as far as I can tell. Hopefully we'll see some cool accessories come out of Creative's camp and Apple can focus on the next generation of kick ass stuff.

Aug 23, 06 - 05:14 pm Comment from: Whatever

Well I guess Creative has to make money somehow. Obviously, it's not through the sales channel.

Aug 23, 06 - 05:15 pm Comment from: Creative

Nobody hands out 100 million unless they think that the other guy has a solid claim and that they're going to loose.

Aug 23, 06 - 05:18 pm Comment from: KenC

Wow, I'm shocked that Apple paid so much! In fact, I'm shocked Apple paid at all! I thought that Apple had a strong case that heirarchical menus applied to music players was not a patentable process.

I guess that works out to $2 an iPod. Pretty sweet deal for Creative, seems to me.

Aug 23, 06 - 05:20 pm Comment from: botox

SWH of Creative is one lucky SOB!

Aug 23, 06 - 05:20 pm Comment from: Colonel Panic

Sorry to disagree with your take Pete, but I haven't encountered any sort of groundswell of support for your contentions of "disappointing Intel first edition machinery", or "a very, very weak new cat".

Seems like it was very recently that I read an article suggesting that Apple can't meet demand on the Macbook, in fact.

I've also read some fairly positive articles about what Apple (appears) to be readying with Leopard.

Aug 23, 06 - 05:21 pm Comment from: Creative

Also works out at about 12 cents per Apple share.

Aug 23, 06 - 05:24 pm Comment from: Norm e

Hmmmm. Both side of the thought have merit. But . .
The lawsuit is done.
All apples for all time have NO issue.
Creative just jumped into the Apple camp. Maybe a sign of things to come as MS plays so dirty.
100 million is not so much when its used to decrease your TAX burden. grin

Looks like the next year will be an interesting place. grin

N.

Aug 23, 06 - 05:25 pm Comment from: CreativeLicense

Steve was quoted as saying Creative was very lucky to have that patent... It's about the only thing that'll save their arses. I love the tie-in to licensing - if Creative issues licenses on their patent, then the settlement is reduced. Rather interesting. Almost suggestive that the patent really is hooey. I wonder how many licenses they'll get at Creative?... Anyone who licenses is essentially a competator of Creative more directly than Apple. What a chess game!

Seems like Creative is eating lots of sand, lately...

Aug 23, 06 - 05:26 pm Comment from: Prescient

From Beleaguered Creative reports revenue slide - August 11, 2006:

MacDailyNews Take: For those counting, the word "loss" was used in beleaguered Creative's earning press release was used one dozen times. Craig McHugh, beleaguered Creative's president also states in the press release, "we are targeting our return to profitability by the end of this calendar year and continued profitability going forward." McHugh should go into comedy full-time. Return to profitability? Yeah, if you forget about MP3 players and start making iPod accessories, maybe.

Aug 23, 06 - 05:27 pm Comment from: MoreCreativeLicense

Seems like the $100M is funding Creative's R&D;into iPod accessories of which Apple gets a cut...

Checkmate!

Aug 23, 06 - 05:32 pm Comment from: Thorin

Holy crap that's a lot of money.

Aug 23, 06 - 05:35 pm Comment from: Gil

This was on Apple Press Release at the bottom.

"About Creative
Creative (NASDAQ: CREAF) is a worldwide leader in digital entertainment products for PC users. Famous for its Sound Blaster sound cards and for launching the multimedia revolution, Creative is now driving digital entertainment on the PC platform with products like its highly acclaimed ZENª MP3 players. Creative's innovative hardware, proprietary technology, applications and services leverage the Internet, enabling consumers to experience high-quality digital entertainment -- anytime, anywhere."

"highly acclaimed". Since when did apple praise a competitors product. I'm with "creativebasher". I have always boycotted their products.

Aug 23, 06 - 05:36 pm Comment from: Ampar

"Steve's face is on the $100M bill."

Actually, it's not his face which makes it MUCH more funny. There's also a cryptic motto under the picture, "YCKSJA." The watermark features Mike Markkula.

Aug 23, 06 - 05:38 pm Comment from: zetsurin

and the stupid IP patent system continues to reap the rewards for the litigators. lovely. not!

Aug 23, 06 - 05:38 pm Comment from: Journo

Gil,

That's just Creative's standard boilerplate for press releases. Apple's didn't praise Creative. That's just Creative praising themselves.

Aug 23, 06 - 05:39 pm Comment from: Norm e

Hmmmmm,

I just had this very WEIRD thought.

Apple paid the Beatles 100 Million and later, the Beatles can't touch Apple and iTunes due to the wording of the settlement.

Apple sold Microsoft 150 million in stock and gave up the desk top looks war. Recently Apple runs Windows on a Mac and Microsoft says nothing. Wording of the settlement again. ?????

I don't know, but there sure is a weird connection. grin

N.

Aug 23, 06 - 05:44 pm Comment from: SirROM

CreativeLicense said:

"if Creative issues licenses on their patent, then the settlement is reduced. Rather interesting. Almost suggestive that the patent really is hooey. I wonder how many licenses they'll get at Creative?... Anyone who licenses is essentially a competator of Creative more directly than Apple."

I have to wonder if Steve is goading them to pursue more lawsuits. If they can sue others into paying them licensing fees, they will spend part of $100M in legal fees, thus reducing their profits from the agreement. If they win, Apple gets even more of that settlement money back, further decreasing their profit from Apple. Not to mention this will distract Creative from actuall doing anything competitive (not that they really could) against the iPod. Their induction into the Made for iPod program makes perfect sense as it is the only way they will make MP3 money. If you make money on something, you also have a vested interest in making sure it stays around.

All in all, this seems like a very smart move on the part of Apple and that Steve is thinking several steps ahead, not just about the money right now. Go Steve!

Aug 23, 06 - 05:45 pm Comment from: TV boy Common Sense

OUch!!! 100,000,000 ouches.

Apple loses big.

Aug 23, 06 - 05:45 pm Comment from: Tank

Time to focus on The Beatles' lawsuit.

Everybody wants a piece of Apple.

Aug 23, 06 - 05:46 pm Comment from: macromancer

That Apple even gave a dime to these crooks makes me want to vomit.

Aug 23, 06 - 05:49 pm Comment from: macromancer

"Time to focus on The Beatles' lawsuit."

The one that was tossed out of court?

Aug 23, 06 - 05:52 pm Comment from: StooMonster

Microsoft's ZUNE interface appears to be very similar to iPod and Creative's patent.

Steve Jobs could be getting his US$100 million back sooner than some think!

Aug 23, 06 - 05:55 pm Comment from: RePlay

So…I guess that now, MS and the Zune will have to pay a licensing fee to Creative for their menu system too, huh? It should be apparent that there is only one way to navigate anything reasonably, and that is as a hierarchical structure. Any fool can see that, except those in the patent office. Its getting really tiresome seeing everyone trying to patent the obvious. I feel like were drowning in legalism. Help!

Aug 23, 06 - 05:56 pm Comment from: Judge Bork

For its third fiscal quarter ended July 1, 2006, Apple generated $1.954 billion in iPod and iTunes Music Store sales, iPod services, and Apple-branded and third-party iPod accessories.

That's $1.954 billion in just a 90-day period.

$100 million is a drop in the bucket for Apple.

MDN MW: "price" - how do they do that?!

Aug 23, 06 - 05:59 pm Comment from: aapl investor

The only better news would be that apple won the lawsuit. But between saved litigation costs and the avoided potential damages this is a 100% win for AAPL Investors such as myself.

MDN: My stock in apple will be "greater" than I bought it for for a long time.

Aug 23, 06 - 06:05 pm Comment from: Quevar

The settlement has rather interesting timing since the Zune is going to be selling soon and, as StooMonster mentioned, it does have a very similar hierarchical interface... Maybe they have some plan of stopping the Zune from even coming to market or forcing MS to license the interface to Creative (and hence partially to Apple). That would be an ingenious plan for both Apple and Creative, but more so to Apple.

Aug 23, 06 - 06:16 pm Comment from: gman

this means....iPod updates coming very fast and soon....with this behind Apple, my guess is that what ever plans they had for future iPod's can now set sail....next up "ZUNE" (Dead Man Walking)

Aug 23, 06 - 06:19 pm Comment from: Creative

"That's $1.954 billion in just a 90-day period.

$100 million is a drop in the bucket for Apple."

You're confused about the difference between revenue and profit.

The 100 million comes straight off the bottom line.

So Creative got about 1/4 of Apple's total profit for last quarter.

"100% win for AAPL Investors such as myself. "

No, it's a loss of $0.12/share. But you may be right. had the case gone to it's conclusion, you could have lost more.

Aug 23, 06 - 06:19 pm Comment from: SJR

Some of you people are idiots. Do you not realize that Apple has almost $9 BILLION in cash on hand?!? For Apple to give Creative a mere $100 million dollars is like you or I tossing a Quarter into a fountain at the mall!! It's absolutely nothing, plus Creative now has to pay Apple licensing fees for making iPod accessories. This was an absolutely brilliant move on Jobs' part.

Watch for all Creative Zen mp3 players to be suddenly discontinued between now and the upcoming holiday season as well...

Aug 23, 06 - 06:24 pm Comment from: canis.major

I'm not sure that this point has been made clearly enough, but...

By licensing the patent Apple helps to validate it.

With a stonger defense of the patent in place and a war chest for legal costs, Creative can seek to enforce the patent against anyone else in the industry that infringes (which should be just about everyone).

The chances that anyone else can beat the patent in court are slim to none based on past hisotry.

Apple wins twice every time Creative goes after a competitor. First life gets harder for the competition (and more expensive whether they fight or license). Second, Apple shares in a slice of the pie if they license.

In effect, Apple has "bought" this patent (or at least a share in it) and it now becomes one of Apple's weapons as well.

As pointed out by previous commenters StooMonster and RePlay, do not be surprised if one of the first targets is Microsoft -- just add another $100 million to the launch costs (losses) of the doomed Zune. I am sure that Sony and SanDisk are not far down on the list either.

This is an unqualified brilliant move by Apple that further locks up the mp3 player market for themselves and builds yet another barrier to entry for the competition.

Aug 23, 06 - 06:30 pm Comment from: Duoble True

canis.major....

you got it! Apple bought this patent for $100 million.

They will slap Zune.

Funny thing is M$ Zune entry is probably what caused Creative to settle.

Aug 23, 06 - 06:34 pm Comment from: Spark

Now we know why Steve looked "sick" at WWDC keynote. They were probably working out this settlement then. It's not the money, I'm sure, it's just the priciple of handing it over to that loud-mouth Sim Hoo.

Aug 23, 06 - 06:36 pm Comment from: LinuxGuy and Mac Prodigal Son

SirROM, you beat me to it. This settlement seems to be a way for Apple to indirectly sic Creative on the iPod's other would be "iPod Killers." Clever, isn't it? Apple keeps out of harm's way -- from the anti-trust shysters -- by allowing its paid for bitch to attack Apple's wanabee competitors. Brilliant, Steve, just brilliant.

Aug 23, 06 - 06:36 pm Comment from: TTzz

This is actually a great win for Apple. They pat out to Creative but have aalso locked-in Creative and locked out the competition.

Creative can sue anyone, like M$, now and win damages but it won't be intheir interest to offer the same deal that Apple gets as they would have to pay Apple back.

So Creative sues X; Wins damages; collects royalties; X has paid out to creative but can no longer use heirarchical menus in their player.

As Creative will be making a pile as an iPod accessory maker it's also not in their interest to license the menus to any other player. The iPod has 75% of the market so who's bed would they rather be in?

Win for Apple as competition can't use the same or similar iPod interface. iPod stays unique. Creative makes money, unfortunately but it's the price we pay to screw the competitors in the player market.

Aug 23, 06 - 06:39 pm Comment from: Cpt. Obvious

Apple admits guilt, pays a huge fine, and they are lauded for their brilliance in here.

LOL

Aug 23, 06 - 06:39 pm Comment from: smarter guy

smartguy wrote: "creative is the scummiest of all scummy bottom-dwelling companies. I wish it didn't end with $ in their pocket, they don't deserve it."
Wrong. Lawyers dwell lower. A bunch of lawsuits could easily consume such amount and lawyers would be the only winners.

Aug 23, 06 - 06:39 pm Comment from: TTzz

Excuse the typos in my post above. Trying to type too quickly. And not re-reading before I post. Bad.

Aug 23, 06 - 06:46 pm Comment from: montex

Uh, excuse me, but $100m is still a lot of money. When you consider how "tight" Apple is with advertising dollars, keep in mind that that coin could have purchased a lot commercials that actually advertised what Mac OS X is and looks like.

/bored with PC and Mac guy ads

Aug 23, 06 - 06:53 pm Comment from: Smacking WinFools News

New headline:

Creative gets $100 Million welfare check from Apple

Creative Tech will recieve a $100 million dollar corporate welfare check from Apple and a mandatory re-training program in Apple accessories sweatshop in central China.

After stamping "Made For iPod" logos on million of iPod accessories, Creative is to pay the $100 million back to Apple is small incremental payments in the form of fee's to use the "Made for iPod" logo on anything they sell.

If Creative earns any other income during this time, by licensing their patent to others like Microsoft, it's to be applied to the $100 million debt to Apple.

So basically if Creative decides to change corporate welfare providers, namely from Apple to Microsoft, then Creative needs to pay off Apple first before using Microsoft welfare payments for it's own use.

Creative has been thrilled to avoid bankruptcy from their failed buisness practices and leveraged the only chip they had to recieve the handout.

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