Apple asks court to condemn patents

Out-Law News | 09 Jan 2006 | 9:59 pm |

Apple Computer took pre-emptive action against streaming media company on Wednesday, seeking a court's declaration that Apple's products are either not in breach of patents held by, or that the patents are invalid.

“Unfortunately, we have been unable to resolve the disagreement with directly, so we are asking the court to decide,” an Apple spokesperson told CNET

The suit, filed with the US District Court in San Francisco, came after negotiations between the two firms over a possible license for iPod, iTunes and Quicktime products broke down, according to

The firm confirmed that it would shortly be filing a counterclaim for patent infringement.

According to the dispute centres on three US patents. These relate generally to apparatus and methods for the transmission of audio and video information.

Last year, settled a patent and antitrust suit against Microsoft, in which the software giant took a license to Burst's patents and paid a lump sum of $60 million. Since then, says it has been in patent licensing discussions with several companies engaged in the distribution of audio and video content on computer networks.