Burst.com sues Apple for patent infringement

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On Monday Burst.com, a company that develops software that helps companies speed up the delivery of audio and video files, announced that it had filed a countersuit against Apple Computer claiming that the iTunes software, the iPod, and the Quicktime streaming software all infringe on patents held by Burst.

The lawsuit, filed in federal court in San Francisco on Monday, came after Apple had filed for a declaratory judgment in January. The company was involved in a similar patent infringement dispute with Microsoft last year, which ended with a $60 million settlement along with a Microsoft license to the Burst technology.

Over the past year the two companies have held discussions regarding the patents but never came to any licensing agreement. In January Apple stated that they do not believe the patents are valid.

Three of the four patents involved in the lawsuit are the same as the ones involved in the Microsoft suit, Richard Lang, co-founder, chairman, and chief executive officer of Burst.

View: Burst Press Release

News source: CNET News.com

(2 replies) #1 Sierra Sonic on 18 Apr 2006 - 02:57

boowoo aww look someone devolped your idea before you Burst, go cry a river.!

1st.

#1.1 epple on 18 Apr 2006 - 08:40

Then why didn't Apple sue Microsoft?

#1.2 sphbecker on 18 Apr 2006 - 13:26

Apple didn't sue Microsoft because Microsoft had fast streaming technology first. I do agree that the suit is really dumb. Streaming has been around for 10+.

(1 reply) #2 pixels on 18 Apr 2006 - 03:00

Now somebody please tell me why all these fishy lawsuits come long after such an "infringement" has been in use...

#2.1 MegaManXcalibur on 18 Apr 2006 - 05:03

It's simple. If they sued a company before the infringement was going for a while they would not be liable for much in the way of damaged. But you wait and sue several years after the infringement starts then you get to collect millions in damages and compensations.

It's an amazingly vicious cycle that actually rewards you for waiting until a company has been using something you may have patented for a few years. Personally I think there should be some kind of law with patents that works similar to copyright laws, where if you don't protect your patent it becomes public domain.

Seriously all these lawsuits after the fact are getting sickening. I mean Sony got sued for using technology in their dual shock controlers years after the fact as did Microsoft, Microsoft got sued by Eolas because of browser plug-in support many many years after the fact, and the list goes on. This kind of stuff really needs to end.

#3 aristotle-dude on 18 Apr 2006 - 14:59

WTF does the iPod have to do with streaming media? Nothing. Are they now claiming patents on MP3 players now? LOL

#4 neufuse on 18 Apr 2006 - 15:35

first they sued microsoft, MS paid them off... now they sue apple...

(1 reply) #5 neufuse on 18 Apr 2006 - 15:37

now just go after Real and finally knock Real off the face of the earth...

#5.1 Toastyone on 19 Apr 2006 - 11:39

ah that would be great, get that crap off everyday people's computers

#6 nw_raptor on 18 Apr 2006 - 15:54

Gotta hate patents :/

(4 replies) #7 Nidonocu on 18 Apr 2006 - 17:03

What date was the patent issued? Quicktime is years old and it, plus any programs that derive from it (iTunes and iPod) can fall under prior art.

#7.1 Hurmoth on 18 Apr 2006 - 17:17

I doubt Quicktime is this old.

United States Patent 4963995
Filing Date: 1988-12-27
Publication Date: 1990-10-16

United States Patent 5995705
Filing Date: 1997-07-18
Publication Date: 1999-11-30

United States Patent 5057932
Filing Date: 1989-05-05
Publication Date: 1991-10-15

United States Patent 5164839
Filing Date: 1991-10-11
Publication Date: 1992-11-17

Date is formatted Y-M-D if you're wondering

#7.2 Elliott on 18 Apr 2006 - 18:52

Quicktime 1.0 was released in early 1991.

So pretty close to that early.

#7.3 Hurmoth on 18 Apr 2006 - 19:21

Wow, I did not realize that Quicktime was that old. Interesting to see how this will play out then.

#7.4 Munkyman on 25 Apr 2006 - 14:47

The thing is the software hasnt advanced much since 1991

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