Craig McHugh , president of Creative Labs , say that his party is “ evaluating all alternatives ” now that it has received a patent for music player interface . The letters patent , issued by the U.S. Patent & Trademark Office , covers the hierarchical display of music information on digital music players that originative claims can be found not only on its devices but also on Apple ’s iPod and iPod mini .

The port that Creative has patented cover the showing of medicine on a digital medicine player using hierarchic menus that sort content using metadata tags . In a series of slides shown to league call attendant , McHugh show how it works on Creative ’s Zen Micro player — the silver screen express a music library constitute play list , albums , creative person , genres and rail — navigating the Artists card , for deterrent example , yields a tilt of artists whose medicine is on the participant . Go to the next level and you ’ll find the artist ’s albums on the histrion ; the next shows single racetrack .

The hierarchal menu system employed by the Creative players is directly familiar to anyone who has handled an iPod or an iPod mini . What ’s more , say Creative , the port was first used in a shipping product more than a year before Apple ’s iPod pip shelves , and the patent was filed long before Apple filed its own patent for the iPod .

Second violin

Creative has sold six million MP3 role player in the last three quarter , said McHugh . By comparison , Apple sell six million iPods just its last fiscal quarter alone . The significance of this is n’t lost on McHugh , who pronounce that his company ’s carrying into action “ solidly positions us at the leader in the worldwide food market , ” adding that he understood that Creative was running second - place to Apple .

The hierarchal interface has been used by nine generations of Creative music actor , said McHugh . That includes the Nomad and black and white Zen wrinkle , the Zen MicroPhoto , Creative ’s alternative to Apple ’s color screen - equip iPod , and the Zen Vision , which features a large chassis factor , colour blind and the power to play back video in plus to music and photos .

First to file

The US Patent & Trademark Office awarded Creative its patent in the other August , but this is the first metre the company has publically acknowledge it . McHugh sound out that the recent closet coverage regarding Apple and Microsoft ’s patent of invention dispute spurred originative to take action .

Last month the U.S. Patent & Trademark Office rejected a patent app file by Apple for some elements of the iPod user interface , cite a patent of invention submission made by Microsoft developer five calendar month before .

McHugh explained that Microsoft developer John Platt ’s patent covered a dissimilar aspect of the interface than the hierarchical showing of euphony . Creative patent software , file away in January of 2001 , predate both Apple and Platt ’s filings , he contribute .

Why was n’t Creative mentioned in the US Patent & Trademark Office ’s rejection ? As originative understands it , “ the patent office only has to refer one piece of prior art for rejection , ” McHugh said . “ Not all of them . ”

Like Apple , Creative had products out in the marketplace that used the interface before it filed for the patent . This is n’t unusual , said McHugh , as U.S. patent law does n’t require that a patent be filed prior to a product ’s release . originative followed the appropriate regulation , he said .

Will they or wo n’t they ?

McHugh reiterated several times throughout the call that originative ’s announcement today is “ a celebration ” of its achievement and recognition of its innovation , but he was repeatedly press by analysts and reporters after his opening statements on Creative ’s program : Will the company sue Apple or take a licensing fee ?

“ We continue to explore all the alternatives available to us , ” said McHugh . later on he added that Creative is n’t focusing on those choice , however . “ Our elementary focus is on new product and uphold innovation . ”

Apple ’s predominant position in the MP3 thespian market made it a focussing of Creative ’s press spillage and of the group discussion call , but it is n’t the only caller that makes a player that uses a hierarchic user interface to organize its music . McHugh say that his company is “ very persevering ” about protect its noetic property rights , but has n’t yet done a comprehensive market sight to determine which company may be impinge on its patent .

When he was pressed to disclose whether originative and Apple were engaged in any private talk to talk over the issue , McHugh pass up comment .

Representatives for Apple had not responded toMacCentral’srequest for comment as this story was posted .

This article has been update to correct the title of respect of Creative Labs president Craig McHugh .