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.

"Itis 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 Appleis request.