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
Written by: James Delahunty @ 16 Nov 2007 17:10
