Elan Microelectronics is suing Apple for breach of copyright over its multi-touch technology that is built into the iPhone, iPod Touch and the iPad, which is set to be launched this week.

Elan, a Taiwanese chip manufacturer, reported the infringement to the US International Trade Commission on Tuesday, March 30. Elan claim Apple has violated patent 5,825,352, relating to touch-sensitive input devices that can sense multiple fingers and have demanded the ITC freeze the import of certain Apple products into the US.

"We have taken the step of filing the ITC complaint as a continuation of our efforts to enforce our patent rights against Apple's ongoing infringement. A proceeding in the ITC offers a quick and effective way for Elan to enforce its patent," says the Taiwanese chipmaker.

Elan Microelectronics is vigilant in their protection of what they claim to be a “fundamental patent to the detection of multi-fingers that allows for any subsequent multi-finger applications to be implemented."

Copyright breach in the multi-touch technology is a legal battle field. In 2008, the U.S. District Court found Synaptics guilty of breaching Elan’s patent with both companies eventually reaching a licensing deal.

Interestingly, Apple instigated proceedings earlier this month against HTC for similar patent breaches over the iPhone interface and technology design. HTC denies the allegation and claims a right to defend its own technological innovations.

Similar to Elan Microelectronic’s request, Apple demanded an injunction on HTC products and is seeking damages.

"We can sit by and watch competitors steal our patented inventions, or we can do something about it. We've decided to do something about it," said Apple’s CEO in early March. "We think competition is healthy, but competitors should create their own original technology, not steal ours."

The law suit is an ironic coincidence with the scheduled release of Apple’s iPad on April 3rd.