Apple filed a second counter-suit against Creative over the iPod, seeking cash damages and a court order to prevent patent infringements on patents related to displaying data on a computer and editing data using a portable media device.
While the suit may sound like an attempt to simply make Creative regret suing Apple in the first place, legal experts believe it is a precursor to the “Bugs Bunny maneuver”.
“This is a brilliant move on Apple’s part,” said Lynn Sarko, managing partner of Keller Rohrback, L.L.P. “Creative sues, Apple counter-sues. Creative sues again, Apple counter-sues again.”
According to Sarko, these suits and counter-suits will go back and forth until Apple pulls the old switcheroo and sues itself for violating one of Creative’s patents.
“This will, of course, cause Creative – in its confusion – to demand a ruling against itself.
“Effectively saying, ‘Shoot me now.'”
Asked why Creative couldn’t at this point execute the “Bugs Bunny maneuver” instead of Apple, Sarko shook his head.
“Daffy Duck does not pull the switcheroo. Only Bugs Bunny pulls the switcheroo. That’s why it’s called ‘the Bugs Bunny maneuver.'”
Apple declined to comment for this story other than to say “Mmmmmmmmmmmmm…