Burst.com, which develops video and audio delivery software, said it was sued by Apple on Wednesday for declaratory relief, alleging patent invalidity or non-infringement. The suit, filed in U.S. District Court in San Francisco, follows “a breakdown in protracted negotiations for issuance of a license of Burst’s patents to cover Apple’s iPod and iTunes products,” according to the company.
“Burst anticipates responding to the complaint and filing a counterclaim for patent infringement shortly,” the company said in a statement late Thursday. “Burst remains committed to the enforcement of its intellectual property and looks forward to successfully resolving this litigation through a license covering Apple’s Quicktime, iPod and iTunes products, including Apple’s iTunes Music Store.”
In March of last year Burst settled a major patent and antitrust suit against Microsoft. The software giant paid Burst $60 million to license its patents. “Since the Microsoft settlement, the company has been in patent licensing discussions with several companies engaged in the distribution of audio and video content on computer networks,” Burst said.