It is becoming more and more obvious to me that Apple is losing and will eventually lose this lawsuit if it ever goes to trial. Apple lost this case before it was even filed. They lost the case when Judge Motz issued his March 12, 2004 construction:

“A time compressed representation having a single associated burst time period of definite
duration known at the time of compression that is shorter than the real time viewing time of the received audio/video information.”

Apple is clearly infringing on the Burst patents as reflected in the Judge Motz construction. As Mother Goose liked to say:

Humpty Dumpty sat on a wall.
Humpty Dumpty had a great fall.
All the king's horses and all the king's men
Couldn't put Humpty together again.

Apple knew this from the outset because they saw what happened to MSFT in the first claims construction hearing. So why go through all this legal wrangling in a lawsuit that Apple cannot win?

I'll offer more from my over active imagination and wild eyed speculation in a later post because I'm just about to reach my second 4000 character limit imposed by Yahoo.