Apple Sues Patent Holder Burst.com

By Ed Oswald | Published January 7, 2006, 4:52 PM

Apple this week asked a federal court to invalidate claims by Burst.com that it is infringing on patents owned by the company. At issue are certain technologies within Apple's iPod player and iTunes software that Burst says are not properly licensed.

Burst attempted to settle with Apple two years ago, when Burst lawyers first informed the Cupertino company that it was illegally infringing on patents. Apple attempted to negotiate a deal, but talks broke down.

The first threats of legal action came late last year, when Burst wrote to Apple saying it intended to sue. Apple in turn filed a declaratory relief complaint. Burst says it intends to file a countersuit accusing Apple of patent infringement.

Burst is no stranger to litigation with large tech companies. In March, the company settled with Microsoft for $60 million over allegations that Redmond used trade information obtained from several meetings with Burst to develop software to stream audio and video over the Internet.

It was not immediately clear what damages Burst is seeking from Apple in the lawsuit.

Comments

View comments by with a score of at least

one comment

burst.gay

Score: 0

|

I would agree with others here. To settle out of court tends to imply ones guilt. But really, Big companies, little companies, ideas being infringed upon? Who knows really what the real deal is! Cases like this do supply some lawyers with a nice check though.
I’d have to stand behind the little guy. If you have enough stuff to go after Apple then you are either insane or really brilliant. I love my apple products and appreciate the way in which they flow with my arty life, but compensation is also important. And how else to get it then to go to court? These giants can’t just hand out dough to every tom, d***, and harry who claims a right to it. The legal process happens so they can control the onslaught of money hungry start ups who are trying to make it. Good luck to all of you, just give me my easily operating product at a decent price and i will sing your praises in the shower all morning long.

Score: 0

|

Sue Apple! About time.

Score: 0

|

Go Apple!

Score: 0

|

Apple is a pro at stealing others products, putting a hip facade on it and claiming that they created the universe. Pay up Apple and admit your deceit.

Score: 0

|

That is it.. I know what I want to do for the rest of my life... I want to become a lawyer. They must have gotten about 60% of the 60 million..

Score: 0

|

Lawyers are such a sleasy bunch! Time to put an end to these parasitic idiots like Burst.com

Score: 0

|

You guys need to remember that $60 million is almost nothing in the world of computing companies. I mean, think about it. Microsoft will make that back in no-time.

Besides, for all you know, perhaps the two companies really did steal information from Burst. Not too unbelievable, that 2 larger companies would take advantage of a smaller, rising company like that.

Score: 0

|

Another day, another company getting a lawsuit.

Great to see our country making progress, isn't it?

Score: 0

|

Ques: Whats the fast way to get rich now a days?

Ans: Sue someone.

Score: 0

|

OMFGGGGGGGGGGGGGGAWWWWD!!!! 60 g** d*** MILLION FROM M$ And these guys are still hungry for f*cking cash? g** d*** that must mean that either they really believe that they're being infringed upon OR that they're just PLAIN GREEDY SCUM!!!!

After a friggin 60 mil victory I'd be more worried about how many sandy beach I'm going to be able to visit during the week rather then SUING another company.... JEEEZ!

Score: 0

|

Not every lawsuit is a frivolous lawsuit my good man.
The fact that Microsoft settled makes them look rather guilty, wouldn't you say? Sure, it's "just" 60 million to them but Microsoft usually have strong principles in matters like these. Besides, it's not like they haven't stolen tech/ideas before.

And the "new" darlings of the tech world, Apple... wouldn't be the first time they've stolen tech either.

Score: 0

|

Apple and Microsoft haven't stolen anything. They've done what they can to make the community happy (both companies have marketing problems... too expensive, but let's not get into that :P)

Score: 0

|

i'm sure 60 million actually turned out cheaper than bringing in a legal team to fight for three years.

Score: 0

|

Companies and individuals do not always settle lawsuits because they are guilty - very often it is a question of damage limitation, where they have to trade off legal costs against likely settlement costs.

Score: 0

|

"Microsoft haven't stolen anything."

BASIC.

Score: 0

|

Well, Microsoft has definately stolen things...MS-DOS, Scandisk...many others too. They haven't outright stolen anything as of late, but back then they weren't a monopoly and got away with a little more.

Score: 0

|

Microsoft bought MS-DOS (originally QDOS) for ~$50K, and licensed Defrag & Scandisk from PC Tools (Now Symantec). Back in the DOS umm 5.xx(?) days they also licensed PC Tools AV in edition to the other tools I listed, and re-released a cut down version as Microsoft AV.

They did rip off Apple, IBM, and Stacker however not all of those cases found MS guilty. Microsoft won the Apple case, Settled with IBM for ~$700M, and paid ~$13M to Stac.

They were convicted of software piracy in France recently though.

Will edit and add links later today if anyone's interested.

Score: 0

|

Believe it or not, Bill Gates actually wrote BASIC with help from Paul Allen and another person who's name escapes me.

It all started on an Altair.

;-)

Score: 0

|

I'm still waiting on my royalties for "internal combustion", "movable type" and "the wheel".

Score: 0

|

PDC 2009: What have we learned this week?

There was the freebie that no one will forget, the heebie-jeebies courtesy of Scott Guthrie, and a teensy bit clearer picture of how this cloud thingie should work.

Live report: Will Google Chrome OS change Linux?

The mysteries of just what Chrome OS is, and how much of an operating system it truly is, may be resolved today.

PDC 2009: Microsoft cares about Web browser performance

The effort to give users of the world's dominant Web browser the impression of quality, is a personal one for the man who leads that battle.

Nokia re-affirms its commitment to Symbian, sort of

Maemo won't necessarily be replacing Symbian in the Nokia N-Series, but that's definitely a place where it will be found.

E-book readers will be in short supply this holiday season

E-readers are hot this year, and a lot of compelling new products have been released, but are there enough electrophoretic displays to go around?

Sony looks to finally open a single storefront for downloads

Sony has had many different download portals for movies, music, e-books, and games, and now it's looking to make a single shop for all of it.

Tuning out the tablet: Time to give the endless speculation a rest

Wide Angle Zoom: Wishing and hoping and thinking and praying....won't put an iTablet on the market.

Five improvements for IT managers in 2010

If businesses are to improve their efficiency for next year, they need to stop and reassess the basic tenets of their job.

AOL's spinoff from Time Warner to shed 2,500 jobs

As AOL moves toward become an independent company again, it will cut nearly a third of its workforce.

Gartner: SMS-based money transfer will be bigger than mobile browsing, search

Gartner issues its predictions for the 10 things our phones will be doing in 2012.

Don't forget to upgrade to Firefox 3.6 beta 3 today

Mozilla has released the latest beta its Firefox 3.6 browser software, just over one week after beta 2.