Burst’s Apple triumph
p2pnet news | Product News:- A couple of years back Burst succeeded in nailing Microsoft to the wall, forcing it to come up with a $60 million licensing agreement for Burst technologies.
It was vindication for Burst, a tiny three employee firm, and following the win, it announced it would start, “vigorous ongoing enforcement of its patent rights against all infringing parties, as well as pursuing software licensing and other avenues available”.
Next up was Apple, accused of infringing four Burst US patents.
“Apple failed to license Burst’s technology when it introduced its iPod and iTunes products in 2002,” said company CEO Richard Lang.
Apple, “may have assumed that Burst’s patents would be invalidated in Microsoft’s defense of the then-pending litigation,” he said, going on:
“Instead, Microsoft ultimately licensed Burst’s patents. While we had hoped to avoid litigation and negotiate a reasonable license fee, it is Apple’s own actions that have forced our hand.”
Burst developed Faster-Than-Real-Time-Streaming and Bill and the Boyz were ordered to pay for non-exclusive rights to Burst’s media player software.
Now Apple will pay Burst $10 million in one-time cash licensing payment but, “Apple won’t have access to four of Burst.com’s current and pending patents, including three pending patents relating to digital video recorder (DVR) technology,” says PC World.
But as usual, the lawyers are the real winners.
“Court costs, expenses and attorney’s fees will reduce the proceeds to Burst.com to $4.6 million,” says the story, adding Burst also promised not to sue Apple over current or pending DVR patents.
Also See:
nailing Microsoft – Microsoft to pay Burst $60M, March 14, 2007
four Burst US patents – Burst takes on Apple, April 18, 2007
iPod and iTunes – Burst.com Files Patent Infringement Suit against Apple Computer, April 17, 2007
PC World – Apple Settles iPod Lawsuit for $10 Million, November 24, 2007
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November 26th, 2007 at 12:05 pm
Yes but what you neglected to say was Burst has agreed not to sue Apple on any of the DVR patents that are pending or the ones that are current, essentially guaranteeing Apple can use them.
Its a huge loss for Burst and a big win for Apple. In addition the court threw out 14 of 30 patents that Burst claimed and there may have been the distinct possibility that many more could have been thrown out. Otherwise why would you settle for a measley $10 million when Apple has sold 110 million plus iPods and billions of songs on iTunes.
It inaccurate reporting, the complete story isn’t being told by this article and is designed only to gain hits.
November 26th, 2007 at 12:24 pm
Thanks for the update
December 31st, 2007 at 2:04 pm
So what happens next for Burst?