Mobile/PDA About Us Advertise here


		User name	Password

		Not registered yet? Register here. Lost your password? Click here.

Browse by topic

News

Judge shoots down 14 claims in Apple vs. Burst case

16 November 2007 17:10 by James "Dela" Delahunty | 3 comments

In January 2006, Apple Inc. launched legal action to have patents held by Burst.com declared invalid. Burst approached Apple in 2004 in an attempt to agree licenses for the use of its technology. The company's legal team informed Apple that it is infringing its patents, and that it would launch action. Apple denied that it is infringing patents held by Burst and sued it in the US District Court in San Francisco requesting declaratory relief to determine the patents invalid.

Burst went on to file a countersuit against Apple, claiming that the companies products were infringing several of Burst's patents. The last publicized issue of the ongoing case was whether or not Apple should be granted summary judgment on the grounds that Burst.com's patents were "obvious." Apple offered up several previous patents, claiming that those held by Burst were obvious extensions of these patents, while Burst maintained that its patents were novel.

A 41-page ruling on Apple's motion for summary judgment was issued last week, showing that Apple won dismissal of 14 of the claims, leaving another 22 claims that have yet to be decided. The remaining 22 have a "genuine issue for trial" meaning that they cannot be summarily ruled on. Now a jury trial is looking likely and is scheduled to begin in February 2008.

Source:
Ars Technica

Permalink to this article

EFF worried patent reform will halt watchdog project (6 February 2008)

Burst.com and Apple settled case (27 November 2007)

Apple releases Final Cut Express 4 (17 November 2007)

Apple hit with Burst countersuit (19 April 2006)

Apple sues Burst.com (11 January 2006)

« Previous news article
COAA bill puts Universities in front line against piracy

Next news article »
Gene Simmons hates music pirates

Post your comment

Discuss this article!
WierdName (Senior Member) 17 November 2007 20:45
Ya, well, go after the snake and you might get bit. [ + quote]
pryme_H (Senior Member) 19 November 2007 2:10
Make sure you're not a sinner yourself when pursuing the forbidden Apple. [ + quote]
borhan9 (AfterDawn Addict) 11 December 2007 17:05
Well make sure u know wat ur doing when picking the right fruit because if u dont u may get sick :P [ + quote]