Apple is using its brains on this one. They are counter suing Creative Labs for the lawsuit creative brought against them. In fact they are countersuing twice. Apple has virtually unlimited money and they have to do whatever it takes to protect the cash cow.
In the 8-page complaint, the iPod maker said "Creative has caused Apple substantial damage and irreparable injury by its infringement" and that it "will continue to suffer damage and irreparable injury" unless a court steps in.
The company is seeking cash damages "adequate to compensate for Creative’s infringement" and a court order banning further patent infringements.
Apple’s first counter-suit was filed last month in a district court in Wisconsin and charged Creative with infringing on four of its patents.