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Burst claims in the April 2006 filing that Apple's iTunes Music Store, iTunes software, iPods and QuickTime Streaming software violate four of its patents and is seeking a 'reasonable' royalty plus an injunction against further infringement. Apple had previously sought to have Burst's patents cancelled.

Burst

"This integrated device, that commercial success is directly due to the features of these claims," Leslie Payne, Burst's attorney, told the US District Court Judge Marilyn Patel at the San Francisco hearing.

Apple claims that rather than invent anything himself, Lang merely combined others' ideas.

"It's not some epiphanous, oh my God, when you put all these things together you have an iPod,'' Matthew Powers, Apple's attorney, told Judge Patel. "That is what they are trying to do to save the core, which is obviously all in the prior art. None of which is invented by Mr Lang.''

In March 2005 Burst agreed a settlement with Microsoft, granting the Windows maker a non-exclusive licence to Burst's patent portfolio in return for $60 million.