Apple Sued Over iTunes - Again

Apple has been hit with yet another lawsuit over iTunes, according to a copy of the suit obtained by Apple enthusiast site AppleInsider. Vermont-based Contois Music Technology alleges that Apple willfully infringed on Contois' patents through the design of the iTunes software.

Contois owns the rights to a six-year-old patent (US Patent No. 5,864,868) titled "Computer Control System and User Interface for Media Playing Devices." According the company, David Contois was responsible for creating a computer interface that played music on an internal or external device, which was exhibited at two computer trade shows in 1995 and 1996.

Laywers for the Vermont-based company claim that Apple was at both shows and saw the software, copying it for the iTunes program. Specifically, Contois says the menu process to play music, the capabilities to transfer music to the portable device, and sorting capabilities of the software all infringe on the patent.

"By reason of Apple's infringing activities, Contois has suffered, and will continue to suffer, substantial damages in an amount yet to be determined. On information and belief, Apple's infringement has been and continues to be willful," lawyers for Contois argue in the suit.

According to the suit, the plantiff alleges Apple may have known of the patent as early as 2003.

However, the suit also brings into question the intentions of Contois. Microsoft's Windows Media Player performs many of the same actions that the company is suing Apple over in iTunes, as do several other popular media players. The issue could be a key point in the defense's case if it goes to trial.