Apple Tries To Point Out How Little Burst's Patents Matter
from the interesting-strategies dept
Apple is now asking the court to dismiss the lawsuit (via MacWorld), though the strategy they're using seems a bit odd. They're focused on Burst's claims that its patents are central to the success of the iPod -- an idea that Apple practically guffaws at in the lawyer's statements: "It's not some epiphanous, oh my God, when you put all these things together you have an iPod." What's odd is that courts usually don't care how important the patented technology is to the final product (which is one of the things the new patent reform law tries to change). Apple then goes on to suggest that there's plenty of prior art in the space and to suggest that the concept behind streaming video is an obvious progression, which makes more sense, given the Supreme Court's recent Teleflex decision, lowering the bar for determining what's obvious. The key point, though, is whether or not Apple would have been able to offer similar video products in the absence of Burst's patents. It seems fairly difficult to believe that no one would have figured out a way to do such a thing without Burst's patents.