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The lawsuit follows Apple's ongoing attempt to have Burst's patents ruled invalid. Burst claims 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.

Burst.com Chairman & CEO Richard Lang said that Apple failed to license its patents when it introduced the iPod and iTunes products in 2002 (although the first iPod was introduced in 2001 and iTunes before that).

'While we had hoped to avoid litigation and negotiate a reasonable license fee, it is Apple's own actions that have forced our hand,' he said. 'We now look to the courts to reaffirm Burst's rights as innovators and to be paid fairly for our widely acknowledged contributions to the industry.'

Lang added that Apple's may have hoped that Microsoft would succeed in its attempts to have the patents annulled. Ultimately Microsoft agreed a $60mn license settlement.