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Burst.com Files Patent Infringement Suit Against Apple Computer


Santa Rosa, Calif. – Burst.com, Inc. (OTC: BRST) Announced that it has filed counterclaims accusing Apple Computer of infringing four of Burst’s U.S. patents. In the counterclaims, filed in Federal District Court in San Francisco on Monday, April 17th, Burst alleges that Apple’s iTunes Music Store, iTunes software, the iPod devices, and Apple’s QuickTime Streaming products infringe Burst’s U.S. Patents 4,963,995; 5,995,705; 5,057,932 and 5,164,839.  Burst’s filing responds to a suit that Apple filed against Burst in January of this year, seeking a declaration that Burst’s patents are invalid and that Apple does not infringe them. Burst requests in its counterclaims that Apple pay a reasonable royalty for Apple’s infringing products and services, and also seeks an injunction against further infringement.

Burst.com is represented in the action against Apple by San Francisco law firm Hosie McArthur, who also represented Burst in its successful litigation against Microsoft Cor

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There is a time limit on patent protection.

For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.

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 Helpful Patent Terms
Consisting Essentially Of

Definition:
A transitional phrase that limits the scope of a claim to the specified materials or steps and those that do not materially affect the basic and novel characteristics of the claimed invention.

Notice Of Publication

Definition:
A written statement from the USPTO notifying an applicant that its mark will be published in the Official Gazette. If the examining attorney assigned to an application raises no objections to registration.

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