Apple seeks dismissal of Burst.com claims of iPod, iTunes patent infringement

“Apple Inc. asked a judge to throw out patent infringement claims by Burst.com Inc., a software company that says Apple owes it millions in fees for using its patented technology in the iPod music player,” Karen Gullo reports for Bloomberg.

“Burst.com, a three-employee company that lost $533,000 last year, and Apple, which has sold 100 million iPods since 2001, sued each other last year in federal court in San Francisco over patents for compressing, storing and sharing audio and video information at high speeds through computer networks,” Gullo reports.

“‘It’s not some epiphanous, oh my God, when you put all these things together you have an iPod,” Matthew Powers, Apple’s attorney, told U.S. District Court Judge Marilyn Patel at a hearing today in San Francisco. ‘That is what they are trying to do to save the core, which is obviously all in the prior art. None of which is invented by Mr. Lang,'” Gullo reports.

“Apple sued Burst.com in January 2006, seeking a court order invalidating Burst.com’s patents. Burst.com said the lawsuit followed a breakdown in licensing talks and countersued Apple in April 2006,” Gullo reports.

Full article here.

27 Comments

  1. Au contraire, Tommy Boy. It’s a fantastic business plan.

    One excellent example I can cite is Microsoft’s Zune. People say it’s losing money. I say you have to break a few eggs to make an omelette. By this time next year Zunes will be all over the place and nobody will remember the iPod. The same goes for the astute folks at Burst. Look for companies far and wide to be knocking at their door to be a part of the revolution in audio & video delivery. Don’t let Apple bully you, Burst!

    Your potential. Our passion.™

  2. Thats what happens when you have a three-some! you soon forget to focus on business & focus on the leisure instead!! Some people call it swinging!!!!

    Now ……If they all drunk Camel’s Milk, they would fart horrendous stink bombs in their own faces, they would very quickly cease swinging and consentrate on their business instead!!!

  3. Microsoft caved and coughed up 60 million to settle a burst lawsuit. The vole must have known they were breaking the law and wanted this to go away quickly.

    If Apple and Microsoft were actually using Burst’s tech patents doesn’t it stand to reason that Microsoft’s products would be as successful as Apple’s?

    The veracity with which Burst is pursuing this matter and the wording of the recent letter published by Burst to its shareholders would indicate this company is betting the farm in a winner-take-all legal battle and has me concerned.

  4. G4Dualie: I think you meant “tenacity” instead of “veracity”.

    Regardless, if you go back and read the proceedings which are well chronicled by Cringely over at pbs.com, you’ll find that it is likely that Microsoft caved because they were caught deleting emails. Apple (Tevanian) entered testimony in that case showing that Apple thought even then that the Burst patents were a joke, and that there was no infringement.

  5. ref:Microsoft caved and coughed up 60 million to settle a burst lawsuit. The vole must have known they were breaking the law and wanted this to go away quickly….

    The veracity with which Burst is pursuing this matter and the wording of the recent letter published by Burst to its shareholders would indicate this company is betting the farm in a winner-take-all legal battle and has me concerned.”

    Remember that the Supreme court has ruled that more than just saying you have an idea is required now. Microsoft has billions to spare, Apple just knows better. ” width=”19″ height=”19″ alt=”grin” style=”border:0;” /> PS. didnt Apple license the patent from Creative vs this type of thing??

    “First you shoot all the lawyers!” Ben Franklin. ” width=”19″ height=”19″ alt=”grin” style=”border:0;” />

  6. Big companies believe in patents as long as they are talking about THEIR patents. Because Burst is three guys in an office in Santa Rosa, companies like Microsoft and Apple tend not to take them seriously. They forget that Burst spent 21 years and $66 million developing that IP, and the company has code that is still better than anything else on the market — code not even Microsoft has seen. Unless someone buys the company first, Burst is going to win this and eventually license the world. They are in the right, for one thing, and in practical terms they now have as much money for legal bills as any of their opponents. Apple can’t win this one.

  7. “Because Burst is three guys in an office in Santa Rosa, companies like Microsoft and Apple tend not to take them seriously.”

    Nope. Microsoft and Apple both took them quite seriously. That has nothing to do with the fact that the patent in question is bullshit.

    -jcr

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.