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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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A patent protects your invention.

A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

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Mere Descriptiveness

Definition:
Statutory basis (Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), TMEP 1209 et seq) for refusing registration of trademarks and service marks because the proposed mark merely describes an ingredient, quality, characteristic, function, feature,

Collective Mar

Definition:
A trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark that indicates membership in a union, an association, or other organization

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