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Monday, April 17, 2006, 03:00 pm PT (06:00 pm ET)

Burst.com files countersuit against Apple

Burst.com on Monday filed counterclaims accusing Apple Computer of infringing four of its U.S. patents, the Associate Press is reporting.

The claims, filed in the Federal District Court in San Francisco, allege that Apple's iTunes store, software and iPod devices infringe upon four patents owned by Burst.com. The company is seeking royalty fees from Apple and an injunction against further infringement.

Santa Rosa, Calif.-based Burst develops digital media delivery technologies for audio and video content.

The filings are in response to a suit that Apple filed against Burst in January, seeking a declaration that Burst's patents are invalid and that Apple does not infringe them.

According to coverage by BizJournals, Burst requests in its counterclaims that Apple pay a "reasonable" royalty.

The media company is represented by San Francisco law firm Hosie McArthur, which also represented Burst in last year's litigation against Redmond, Wash.-based Microsoft Corp. Microsoft settled that litigation by paying Burst $60 million for a non-exclusive license to Burst's patents in March of last year.

Burst has also reportedly expanded its legal team in the Apple litigation to include Palo Alto-based intellectual property firm Carr & Ferrell, LLP, as well as the Seattle office of Susman Godfrey, LLP and Houston-based intellectual property firm Heim, Payne & Chorush, LLP.