As you may know, last week, Creative filed suit against Apple for its use of hierarchical menu systems on the iPod. The patent that Creative was awarded in 2005 basically is just for a hierarchical menu system as it applies to MP3 players. Apple will be able to easily dispute the patent with prior art of its own ... dating back to as far as the Lisa.
As reported by MacMinute:
Apple files counter-suit against Creative
Apple has filed a counter-suit against Creative, resulting in Creative's stock dropping 2.6%, reports Financial Times. "Apple alleged Creative infringed four patents for user-interface systems on the digital music players," notes the story. "The suit was filed in response to a similar allegation against Apple by Creative, which is seeking damages and the suspension of sales of the Apple iPod in the US."
Apple currently holds 75% +/- of the US market, compared to Creative's >10%
This will be added to the Apple lawsuit and litigation section:
Your Rights, The Law, And Litigation