Apple’s release of Mac OS 9 has incurred the wrath of digital imaging company Imatec. The company claims that the ColorSync 3.0 technology in the new operating system, infringes on Imatec’s patent rights.

Imatec originally filed a suit against Apple in February 1998, alleging that Apple’s ColorSync technology infringed on three separate patents filed by Imatec’s CEO, Hanoch Shalit. Apple denied the allegations, and claimed the Imatec patents were invalid.

Now, Imatec claims that ColorSync 3.0 continues to infringe on the patents. According to Imatec, the new version also introduces a new feature - that matches the tone, and colour, of two monitors on the same computer - a feature of the Imatec patents.

Imatec’s $1.1 billion lawsuit against Apple, concluded its discovery phase nine months ago, and now both parties are waiting for the court to set a trial date.

Mac OS 9 was officially released in the US at the weekend, and is due to arrive in the UK at the end of this month. The new version of ColorSync features improved AppleScript support, and an enhanced profiles control panel.