|
Written by tinfoil
on
Tuesday, 18 April 2006 14:39
|
|
Santa Rosa, Calif., (April 17, 2006) Burst.com, Inc. (OTC: BRST) today announced that it has filed counterclaims accusing Apple Computer of infringing four of Bursts U.S. patents. In the counterclaims, filed in Federal District Court in San Francisco on Monday, April 17th, Burst alleges that Apples iTunes Music Store, iTunes software, the iPod devices, and Apples QuickTime Streaming products infringe Bursts U.S. Patents 4,963,995; 5,995,705; 5,057,932 and 5,164,839. Bursts filing responds to a suit that Apple filed against Burst in January of this year, seeking a declaration that Bursts patents are invalid and that Apple does not infringe them. Burst requests in its counterclaims that Apple pay a reasonable royalty for Apples infringing products and services, and also seeks an injunction against further infringement. A copy of the filing can be found on Bursts website: www.burst.com.
Burst.com is represented in the action against Apple by San Francisco law firm Hosie McArthur, who also represented Burst in its successful litigation against Microsoft Corporation. In March 2005, Microsoft settled that litigation by paying Burst $60 million for a non-exclusive license to Bursts patents. Burst has also expanded its legal team in the Apple litigation to include attorneys from the Seattle office of Susman Godfrey, LLP, as well as Houston-based intellectual property firm Heim, Payne & Chorush, LLP. Also representing Burst is Palo Alto-based intellectual property firm Carr & Ferrell, LLP.
Burst.com Chairman & CEO Richard Lang indicated that the company would rather not have to resort to litigation, but is committed to enforcing its patent portfolio, which was developed over an 18-year period. In its April 17 filing, Burst alleges that its technology has been essential to Apples success, providing it with a critical audio and video-on-demand media delivery solution. According to Lang, We have a responsibility to protect our patents and to seek a fair return for the many years and tremendous investment that we have made in developing Burst technology and patents.
Apple failed to license Bursts technology when it introduced its iPod and iTunes products in 2002. According to Lang, Apple may have assumed that Bursts patents would be invalidated in Microsofts defense of the then-pending litigation. Instead, Microsoft ultimately licensed Bursts patents. While we had hoped to avoid litigation and negotiate a reasonable license fee, it is Apples own actions that have forced our hand. We now look to the courts to reaffirm Bursts rights as innovators and to be paid fairly for our widely acknowledged contributions to the industry.
|
