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Apple And Burst Battle It Out Over Patents

by Glen Shapiro, LawAndTax-News.com, New York

20 April 2006

It emerged this week that Apple Computer is facing a countersuit filed against it by Burst.com over alleged patent infringements related to the former firm's iPod digital music device.

In January of this year, Apple filed a declaratory relief complaint with San Francisco's District Court.

Apple had entered into negotiations with Burst.com regarding licensing the latter's video and audio delivery software, which it alleged was being used without permission in Apple's iPod and iTunes interface.

However, negotiations between the two parties broke down, and in its complaint, seeking to prove that Burst's patent infringement allegations are false, Apple explained that:

"In late 2005, in at least one written communication, Burst.com's attorneys threatened litigation against Apple. Apple denies that any of the patents in [this] suit are or have been infringed by Apple and disputes their validity."

Burst on Monday filed a countersuit, seeking an injunction to prevent further infringement, and a portion of Apple's iPod royalties.

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