A “burst" of patent infringements for Apple!

Burst.com, provider of media delivery technology including Internet audio and video broadcasting software, has sued California based, Apple computers, which is the maker of the popular iPod music and video player, in an infringement suit.

According to burst.com, the technology being employed in the iPod and its iTunes Music Store and Quicktime, infringes on four patents owned by it in USA. These patents, namely, patent numbers, 4,963,995; 5,995,705; 5,057,932 and 5,164,839 are related to high-speed Internet Broadcasting of audio and video.

Burst.com, headquartered in Santa Rosa, California, is the developer of Faster-Than-Real-Time and Burst-Enabled video and audio delivery software. Burst.com's Burstware provides high-quality delivery of full-motion video and CD-quality audio over IP-based networks. According to the charges pressed against Apple, it has simply lifted the technology patented by Burst. This technology has been essential to Apple's success, providing it with a critical audio and video-on-demand media delivery solution.

This latest suit, filed in Federal District Court in San Francisco on 17 April, is actually a counterclaim in response to a suit filed by Apple in January seeking a declaration that Burst's patents are invalid and that Apple does not infringe them.

As part of these counterclaims, Burst wants Apple to cough-up a reasonable amount as royalty for the alleged infringement of the computer company's products and services on Burst's Patents. Burst is also seeking an injunction against further infringement.

Explaining the situation, Richard Lang, Chairman and Chief Executive, Burst.com, said, "We have a responsibility to protect our patents and to seek a fair return for the many years and tremendous investment in developing Burst technology and patents. While we had hoped to avoid litigation and negotiate a reasonable license fee, it is Apple's own actions that have forced our hand. We now look to the courts to reaffirm Burst's rights as innovators and to be paid fairly for our widely acknowledged contributions to the industry". Lang claimed that the company would rather not have to resort to litigation, but had to enforce its patent portfolio which had been developed over an 18-year period.

It may be recalled that Burst had attempted to settle the issue with Apple two years ago, when Burst lawyers had first informed Apple that it was illegally infringing on patents. However, the talks broke down. The first threats of legal action only came late last year, when Burst wrote to Apple saying it intended to sue. Apple in turn filed a declaratory relief complaint.

Burst on the other hand, 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. Microsoft had to dole out $ 60 million to settle the suit!

Burst.com is represented in the action against Apple by San Francisco law firm Hosie McArthur. The same firm had also represented Burst in last year's litigation against Microsoft Corp. last year.