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Wednesday, January 3, 2007

Apple, Google, Napster sued over patent
Intertainer claims use of technology without its OK

BLOOMBERG NEWS

Apple Computer Inc., Google Inc. and Napster Inc. were sued by online movie distributor Intertainer Inc. and accused of infringing a patent on a way to distribute digital entertainment over the Internet.

Apple, maker of the iPod music player; Google, the most-used Internet search engine; and Napster, a seller of songs online, are using the patented technology without permission, Intertainer said in a complaint Friday in federal court in Marshall, Texas.

Intertainer, claiming it has suffered irreparable harm, asked the court for cash compensation and an order to prevent the companies from using its technology.

Intertainer said the companies' infringement was "willful and deliberate," which, if proved, would allow a judge to as much as triple any damages awarded.

The patent, covering a "digital entertainment service platform," was issued in August 2005, court papers show.

Apple declined to comment on pending litigation, Steve Dowling, a spokesman for the Cupertino, Calif.-based company, said Tuesday.

"We have not been served with the complaint," said Ricardo Reyes, a spokesman for Mountain view, Calif.-based Google.

Dana Harris, a spokeswoman for Los Angeles-based Napster, declined to comment.

Culver City, Calif.-based Intertainer's investors include Microsoft Corp. and Intel Corp.

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