Apple, Burst.com settle patent dispute for $10 million

Burst.com’s press release verbatim:

Burst.com, Inc., today announced today that it has signed an agreement in principle to settle its case against Apple, Inc. ending almost 2 years of litigation. Apple agreed to pay Burst a one-time payment of $10 million cash in exchange for a non-exclusive license to Burst’s patent portfolio, not including one issued U.S. patent and 3 pending U.S. patent applications related to new DVR technology. Burst agreed not to sue Apple for any future infringement of the DVR patent and any patents that might issue from the pending DVR-related applications.

The $10 million patent license provides Apple with the right to use Burst’s intellectual property in its own technology and products, without further consideration. Burst, however, retains the right to enforce its patent portfolio against others.

Burst plans to continue identifying and evaluating companies who represent licensing opportunities and intends to diligently pursue those likely to yield suitable returns. Burst does not plan to announce specific names of suspected infringing products or companies in advance of negotiating with them or filing litigation to enforce its patent rights. Burst does not plan to publicly release any internal assessments of market segment size or dollar value of those markets, although it believes that they are significant enough to warrant the aggressive pursuit of patent licensing.

Court costs, expenses and attorney’s fees in connection with the settlement of the litigation with Apple will reduce proceeds to the Company to approximately $4.6 million. According to the agreement, payment to Burst is to be made promptly after signing of a definitive settlement agreement. Burst’s Board of Directors has indicated that it will be considering a cash distribution to Burst’s shareholders from the Apple license fee, in an amount to be determined.

The company will not be further publicly addressing issues or answering questions regarding subjects that the Company’s Board of Directors has not yet adequately addressed or resolved, or regarding subject matter that the company’s legal counsel has advised is either privileged in nature, or should not be discussed for strategic or other reasons. As the Board and management make further determinations regarding the matters discussed in this Release and other matters involving the Company’s future operations, the Company may, at its discretion, make further announcements to all shareholders and will also post those announcements on the Company’s web site.

Source: Burst.com, Inc.

All of that for $10 million? Go flip over Jobs’ sofa cushions. Sheesh. At least Burst tagged Microsoft for $60 million.

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59 Comments

  1. Thanksgiving Day is celebrated by national presidential proclamation and has been starting with Washington:

    “Now therefore I do recommend and assign Thursday the 26th day of November next to be devoted by the People of these States to the service of that great and glorious Being, who is the beneficent Author of all the good that was, that is, or that will be—That we may then all unite in rendering unto him our sincere and humble thanks—for his kind care and protection of the People of this Country…for the signal and manifold mercies, and the favorable interpositions of his Providence which we experienced in the tranquility, union, and plenty, which we have since enjoyed…and also that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of Nations and beseech him to pardon our national and other transgressions—to enable us all, whether in public or private stations, to perform our several and relative duties properly and punctually…To promote the knowledge and practice of true religion and virtue, and the increase of science among them and us—and generally to grant unto all Mankind such a degree of temporal prosperity as he alone knows to be best.”

    The last Thursday tradition was officially proclaimed by Lincoln and has been by every president since.

    As for when the “first” thanksgiving was. Christians have been thanking God for his bounty since the apostolic era. Whether there was some official function at the Berkeley Plantation in Virginia in 1619 or at Plymouth in present day Massachusetts in 1621 is somewhat beside the point.

    The issue is that the early settlers gave thanks over a dinner in November and most US presidents have issued a Thanksgiving proclamation since Washington.

  2. @Beeblebrox
    The German wouldn’t have turned it to the Turks. The mufti of Jerusalem, Mohammad Amin al-Husayni, was a big supporter of Hitler and the Nazi.

    “He was one of the instigators of the Great Arab Revolt of 1936. Wanted, he left the country in 1937 and took refuge in Nazi Germany during World War II. There he helped recruit Muslims for the Waffen-SS. In 1941, al-Husayni also met Adolf Hitler in Berlin and asked him to support the Arab struggle for independence.”

    He and Hitler shared the same hatred for the Jews and the same desire to see the destruction of the Jews.

  3. I’m not sure the Brits are to blame for the current situation, but to the extent British policy led to the formation of Israel, there is some culpability.

    In my opinion what the Brits should have done is not offended the greater amount of Arabs at the time for a small bunch of zealots which set the current Eurpoean/American/Arab relationship we see today.

    The needs of the many out weight the needs of the few.

  4. MizuInOz –

    Thanksgiving isn’t about the birth of the USA, no matter how you try and spin it.

    Your first post was just an attempt to remind American’s that the Thanksgiving Holiday was about the USA, and not about the rest of the world.

    When you’re caught in a mistake, it’s best to just admit it with grace and not compound it with further hyperbole.

    MDN word is “get” – as in – You get an F today.

  5. What was this article about again? I forget. It seems to have turned into a blasting zone for Aussie and American history buffs to “set the record straight” about an AMERICAN holiday and how GB screwed up/ tried to fix the ME- or something like that .

    I propose we take this to a different plane of reality… Which coffee growing region produces a better product: East africa, the Caribbean/ Central American, South American or South Pacific?

  6. FACT: GB had a right to divide up the land as it so chose given that it was a spoil of war.

    The huge amount of Arabs were allied with GB to defeat the Turks and certainly didn’t want a resurrection of a well over 2000 year old dead country called Israel on their ancient lands with Palestinians living on it and religious sites. The Arabs knowing full well the Zionists would push out the Islamic, their people and their holy sites in favor of a Jewish only one. We have seen exactly that behavior in Israel over the many years, they keep taking more all the time.

    Heck not even the majority of the worlds jewish population chose to migrate to Israel anyway. So now the Palestinians are out multiplying them greatly.

    Israel better just fold their cards and compromise for peace and permanent borders soon, for the betterment of world peace in general. A conflict like this over stupid religion preferences can’t continue in a age of nuclear and germ warfare.

  7. @Pete
    “The earliest Thanksgiving events were held in the British Colonies, at present day Berkeley Plantation in Virginia in 1619 and at Plymouth in present day Massachusetts in 1621.”

    Sorry Pete we got you beat!

    “The history of Thanksgiving in Canada goes back to an English explorer, Martin Frobisher, who had been trying to find a northern passage to the Orient. He did not succeed but he did establish a settlement in Northern America. In the year 1578, he held a formal ceremony, in what is now called Newfoundland, to give thanks for surviving the long journey. This is considered the first Canadian Thanksgiving. Other settlers arrived and continued these ceremonies.”

  8. I have a suggestion for you, MizuInOz.

    If you can spare a moment from lecturing the Americans about their history in relation to the treatment of native peoples, perhaps you could flick them an outline of yours?

    Maybe, start in Tassie in 1900, and work your way up to the Territory in 2007.

    I’m sure they’d find it to be an enlightening journey.

    So might you.

  9. Apart from the Brit bashing how about a word of support for our partners in the Entente Cordiale? If I recall correctly the frogs had a big hand in creating the mess currently called the ME by getting wind of LofA’s Arab revolt and the Arab lands for the Arabs theory, hence French influence in Lebanon and Syria up to the end of WW2.

    They muscled in on the Post War carve up of the defeated countries possessions leading to today’s disasters.

  10. Talk about highway robbery…

    Owners such as these who start company who’s sole purpose is to rape corporations around the world… sounds like something that G.W. Bush or a republican fat cate would do… and then there those christian fascist who would join in if they weren’t so busy enabling republicans in general!

    I trust these people day of glory are fast coming to a end!

  11. From Wikipedia.

    John Adams, credited by Thomas Jefferson as the unofficial, tireless whip of the independence-minded, wrote to his wife Abigail on July 3, 1776:

    The second day of July, 1776, will be the most memorable epoch in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated as the day of deliverance, by solemn acts of devotion to God Almighty. It ought to be solemnized with pomp and parade, with shows, games, sports, guns, bells, bonfires, and illuminations, from one end of this continent to the other, from this time forward forever more.

    In 1778, General George Washington marked the Fourth of July with a double ration of rum for his soldiers.

    . . . and thus it was born.

  12. I suppose it is obvious, but my post above was in relation to a tangential comment to a tangential comment on the main thread. Sorry, I should have stuck to the main tangential thread, or coffee, I suppose.

  13. Great day, hope you all enjoyed it half as much as I! As usual, some good comments here…not sure what caused some of them, and for some reason I really want a cup of decaf all of a sudden like….(maybe some Merry Joe?) so I am heading to my Senseo (not the greatest, but almost perfect for a single guy).

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