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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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Definition:
The specification must conclude with a claim particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention or discovery.

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In applications under §§1 and 44 of the Trademark Act, the applicant may claim more than one basis, and may add or substitute a basis after filing the application.

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