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Apple Moves for Burst Patent Case Dismissal

Apple Moves for Burst Patent Case Dismissal

by , 11:40 AM EDT, September 19th, 2007

Apple attorneys asked a U.S. District Court judge this week to dismiss a lawsuit filed by Burst Inc that claims the iPod infringes on patents the company holds. Apple claims the Burst patents are based on prior art, and should be considered invalid, according to Bloomberg.

The patents in question are held by Burst founder Richard Lang. He contended that Apple used technology he patented for compressing, storing and sharing audio and video information at high speeds through computer networks without seeking licensing. Apple, however, contends that his patents are based on already available information, and should be thrown out.

"It's not some epiphanous, oh my God, when you put all these things together you have an iPod," said Apple attorney Matthew Powers. "That is what they are trying to do to save the core, which is obviously all in the prior art. None of which is invented by Mr. Lang."

Burst, however, insists that Apple stole its technology. Burst attorney Leslie Payne stated "They copied what Mr. Lang invented. This integrated device, that commercial success is directly due to the features of these claims."

U.S. District Court Judge Marilyn Patel has not yet ruled on Apple's request.

Observer Comments

Show: Subjects Only | Full Comments
Close Name:Dirt Road Posts: 1239 Joined: 24 Oct 2002
Subject: More, please

Patents based on prior art should be thrown out, and the so-called inventor charged for legal costs. Maybe a "Burst" of heavy fines will put a damper on this kind of garbage.

Close Name:Guest
Subject: Apple will loose

You do not have the faintest idea at all what you are talking about. Burst incented the IPOD in 1991. That is the grant date of their patent for an audio video transceiver with compression means.

http://patft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=4,963,995.PN.&OS=PN/4,963,995&RS=PN/4,963,995

If the information was so "already available" as Apple says, why did it take Apple over 1.5 decades to implement?

here's why....

http://burstingsquidoo.com/Treatises/Treatise%20-%20Patent%204963995.html

Close Name:Guest
Subject: Apple must win. Death to patent trolls!

Patent trolls: die die die. For adding costs to consumers without doing any real "inventing". For breeding a new bunch of lawyers.

Teleportation is probably not implemented because someone has already held the patents to it and ready to sue anyone that actually plans to sell a working teleporter. I want my iTeleporter!

Close Name:Guest
Subject: Apple masks severity of infringement for Stockholders

If Jobs were to really address the problem he is facing with his stockholders he was cause to much panic. They would rather concentrate on the UK release of the i-phone. Burst has valid patents, Apple is infringing, the loss in court will not be a shock to burst shareholders. A cut in i-phone pricing cant mask this problem. Sorry, this is a game over situation. ignorance is bliss only for so long...

Close Name:Guest
Subject: Burst.com

Bob Cringely said it best on January 12, 2006:

Here's something I've noticed lately: Big companies believe in patents as long as they are talking about THEIR patents. Because Burst is three guys in an office in Santa Rosa, companies like Microsoft and Apple tend not to take them seriously. They forget that Burst spent 21 years and $66 million developing that IP, and the company has code that is still better than anything else on the market -- code not even Microsoft has seen. Unless someone buys the company first, Burst is going to win this and eventually license the world. They are in the right, for one thing, and in practical terms they now have as much money for legal bills as any of their opponents. Apple can't win this one.

Close Name:Guest
Subject:

Dirt Road sez "Patents based on prior art should be thrown out"

I doubt if you can give one patent that does not have prior art.

Close Name:Guest
Subject: There is no patent that does not have prior art.

Dirt Road sez "Patents based on prior art should be thrown out"

There is no patent that does not have prior art. Think about it.

Close Name:burrito Posts: 177 Joined: 07 Aug 2005
Subject:

suits like these have come up before, and they will come up again.

the problem is that when you read the patent filings, an ipod-like device is clearly not what burst had in mind when the thing was filed. if anything, it looks like they should be suing apple for final cut pro instead.

really, all the ipod is, is a portable computer. a plain old mac can do everything the ipod can, especially a laptop, as it's portable. the only difference is the mac can do a whole lot more, and you can't fit it in your pocket.

Close Name:Guest
Subject: Burst patents

What I read is Lang spent about twenty years and $66 million developing these patents. Apple and Microsoft talked to him then came out with their own systems using his ideas. Microsoft paid Burst $60 million last year for a license and Apple thought MSF would win their case against Burst. This is not a cut and dried patent troll case and Apple may not prevail.

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