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Apple Seeks Dismissal Of Patent Infringement Claims

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

10 January 2006

Apple Computer has filed a declaratory relief complaint with San Francisco's District Court, it emerged this week.

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 has stated its intention to file a countersuit, clarifying the patent infringement claims.

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