And of course authored by a dummy….whose opinions follow. I’ll try to keep this short.

It does not take a rocket scientist to read the Order and see that time after time after time the proposed construction of claims asserted by Burst is upheld and confirmed by the Court.

On the key claims Burst appear to have prevailed on every single one. For a summary of all the good news, Mr. Squidoo has done an admirable job:

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The only constructions remotely adverse to Burst that I can find are:

** that Court accepts Apple’s construction of “multiplicity”. But I see no import to that at all. Indeed, Burst merely did not believe the term merited construction.

** that the “editing means” in the Burst patents must execute editing programs stored in ROM. But of course the huge balance of devices and methodologies that baldly infringe upon the Burst patents have to do with download and playback, --- not editing the internal program material as described in the Order at the top of page 26 - e.g. changing frames, deleting portions, altering appearance, etc.). And skeptics cannot make the jump that the “editing means” includes changing metadata because the Order specifically does not include this….mid page 26.

“…Thus, it would be improper for the court to construe “editing” with respect to modifying metadata or creating a playlist because these features are a part of the accused device….”

(Furthermore, many programs come on, and can be executed directly from, ROM on CD. So I am not sure if this is as much of a limitation as it sounds.) The net is, this construction appears to be of little financial importance.

** that the digital port is not construed as a transmission means. But I find this of little import because the Order does construe microwave, fiber optic and “EQUIVALENTS” which from the Order itself pretty clearly means telephone lines. See more about this at:

“Transmission” still a clear win for Burst…

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Bottom line. I am still stunned by the import of this Order. This small document could well be worth billions of dollars in royalties.

This is a long and richly deserved judicial affirmation of the genius of Richard Lang so many long years ago.

P.S.

And I note we have attracted a basher and an Apple long. The level of freneticism you see = level of worry among Apple holders.

Be afraid, infringers, be very afraid.

~&:->