Burst v. Apple case avoids dismissal

Apple has only partly succeeded with an attempt to have a lawsuit against it thrown out, reports indicate. The company in late September filed for a complete dismissal of an ongoing suit brought by Burst.com, which alleges that Apple stole patents for compressing, storing and sharing media over a network -- primarily as they relate to the iPod and iTunes. Apple however has steadfastly denied that it is using Burst patents, and petitioned for dismissal on the basis of a Supreme Court ruling which invalidated obvious or anticipated patent applications.

The judge in Burst v. Apple, Marilyn Hall Patel, has accordingly thrown out 14 claims made by Burst, but has kept another 22, which Burst says constitute "significant" patents affecting multiple Apple products, including Mac computers. Should the two companies not settle in advance, a court case is expected in early 2008.

The history of the dispute extends back to 2004, when Burst first suggested that its patents were being used, but attempted to negotiate a licensing deal. This failed, and Apple actually began the legal measures by filing suit against Burst. The latter countered in April 2006, and it is this suit that is presently being contested.

Filed under: Apple