Again, thanks to Gap for the link to the attorney's blog on the Business Week story in April, when Burst counter-sued Apple.

I read through the blog, and the last paragraph (from the BW story) caught my eye. Emphasis is mine.

<<Believing the victory (over Microsoft) validated his patent claims, Lang has expanded his search for licensees. Apple was his first stop, and NOT ONLY because of its deep pockets. Apple reps had approached him at a trade show back in 1991, and Burst met with Apple in 1999, 2000, and 2002. "The attitude is exactly like it is at Microsoft and everywhere else. If you won't take next to nothing [for Burst's technology], we'll fight you for the next 10 years," he says.>>

We've talked about the Apple meetings before, but that may be something some of us have not focused as much attention on as we should. We acknowledge that Apple has to be the next target, after Microsoft, but our reasons are generally:

1. Apple has $10 billion in cash and a rapidly growing internet media business.
2. Apple has one of the three main media players (four including Abobe's flash) utilizing Burst technology.

But there is a third reason that is just as important, if not MORE so! That is the meetings, conversations, and "negotiations" that Burst had with Apple dating back to the showing of its technology to the public for the first time at CES in 1991. During these talks, over more than a decade, RICHARD HAS TAKEN THE MEASURE OF APPLE!

Face it. If you were Apple, and some crazy-askie inventor kept coming up to you to show off his invention, and get you interested enough to talk about licensing it, you'd quickly realize he was a fraud, a charlatan, that his "invention," despite the patents, wasn't of any real value to you, because you have better technology, or are doing your media transmission by an entirely different method. The word would go out quickly at Apple, and that "inventor" would not get one, single, additional opportunity to waste the time of Apple employees and management!

Of course, that's just the opposite of what occurred in the Burst case! The two companies have engaged in numerous talks over a period extending between 1991 and 2005! Burst must have had SOMETHING of value!

There was one person who was involved in ALL those talks and negotiations -- Richard Lang. He knows first-hand what Apple's reaction was. (I'm sure one of amazement, particularly at CES in Vegas!) This ties in with what Cringely has said about the conversations he's had with Apple employees just 2 or 3 years ago. Apple recognized the value of the technology, their use of the technology, and indirectly, the validity of the patents. That's something that Matthew Powers will have a very hard time denigrating. Above all, it is something that Richard has engraved in this MEMORY, something that he feels in his GUT, and something that tells the decision-making part of his BRAIN:

<<APPLE HAS NO DEFENSE!>>

That's why Apple is the logical target for licensing after Microsoft — it's the next MOST LIKELY CASE TO WIN!