Patent Law

In my discussion with the Patent Law group and Professor Tresan I came to realize that my argument was following the wrong perspective. It was not utilitarian based but rather Lockean in sense of one has the right to the fruits of his labor. In the open discussion I put forth in class there was a case of Apple v Creative Tech in which Apple took the menu program from Creative Tech and was fined 100 million dollars for it. Now obviously one has the right to protect their own creations but who wins in this case. Creative tech in a sense put down the foundation for an operating scheme of Apple's. Apple has made billions off their creation of the ipod but creative tech has no where to be found since 2006. Shouldn't Creative Tech at least have some stock in the matter, after all it was there program that was used in the ipod. Otherwise why should companies even create products for sale when they could simply just focus on what corporations need. Example like programming and networking in which companies sell individual needs/services to other companies but don't produce any good. Therefore they are always protecting themselves from copyright issues and are providing there own service and receiving pay (the fruit) for there labor.