James Delahunty
16 Nov 2007 17:10
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