“Apple Inc. may be faced with an uphill battle in its patent litigation with Burst.com after the courts issued a Markman Claim Construction Memorandum that largely sided with its opponent,” Aidan Malley reports for AppleInsider.
Malley reports, “Also known as a Markman Hearing and based on a crucial 1996 Supreme Court decision by the same name, a Memorandum is a pre-trial ruling that follows a courthouse debate over the exact meanings found inside a given patent. Its aim is to allow the Court to focus on the core of a patent during trial rather than dwell on its language, which can often bog down disputes with technicalities.”
“In some situations, however, Markman results have virtually ended trials before they began by almost entirely destroying one side’s arguments,” Malley reports. “In the case of Burst.com versus Apple, a 48-page Markman decision issued on Tuesday could pose a similar danger to Apple’s defense against an April 2006 countersuit by validating many of Burst’s concerns over computer media transmission patents, all four of which may cover Apple’s iPod and iTunes software.”
Full article here.