Apple Inc (AAPL)

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10:01 AAPL Apple: Burst.com edges Apple in pre-trial rulings - AppleInsider (106.96 +0.08)

AppleInsider reports Apple may be faced with an uphill battle in its patent litigation with Burst.com after the courts issued a Markman Claim Construction Memorandum that largely sided with its opponent. In some situations, Markman results have virtually ended trials before they began by almost entirely destroying one side's arguments.

In the case of Burst.com versus Apple, a 48-page Markman decision issued on Tuesday could pose a similar danger to Apple's defense against an April 2006 countersuit by validating many of Burst's concerns over computer media transmission patents, all four of which may cover Apple's iPod and iTunes software.

A Northern District of California judge handling the case has found that about two thirds of Apple's arguments made in the hearing would have created overly narrow definitions of key terms, artificially excluding many of Burst's general but potentially relevant points.