From: DEFENDANT BURST.COM, INC.'S REPLY BRIEF ON CLAIM CONSTRUCTION (page 11)

http://burstingsquidoo.com/12_22_06_Repl...

B. Apple's Accused Products

According to Apple, Burst contends that Apple's products infringe because they can be used to transmit compressed audio and/or video in less time than it takes to play them. Apple's characterization is incomplete. The products infringe because they perform all the claim limitations of receiving, compressing, storing, editing, and transmitting audio and video information. To use Apple's own examples:

• The iTunes Store receives audio and video programs from content providers, stores those programs as a library in compressed digital form, and transmits the programs to Apple computers and Windows PCs faster than it takes to play them back.

• iTunes software running on computers receives audio or video programs from the iTunes Store (or from a CD mat a user inserts into the CD-ROM drive to "rip" the songs from it and then use iTunes to compress them), stores the compressed programs in memory, and then transmits the stored programs to the iPod faster than it takes to play them back.

• The iPod-which itself is a computer, containing a processor, memory, sophisticated digital circuitry, and software - similarly receives audio or video programs in compressed form, stores them, and transmits them faster than real time.

These and other Apple products that receive, compress, store, edit, and transmit audio and video programs - including Apple computers running GarageBand, Final Cut, and QuickTime software - infringe the Burst patents because they perform all me claim limitations.