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Burst.com filed a patent counterclaim lawsuit on Monday accusing Apple of infringing four of its patents inside the iTunes Music Store, iTunes itself, iPod and Quicktime streaming products. Burst filed this counterclaim as Apple had asked the courts earlier this year to rule Burst’s patents invalid, and so Apple wouldn’t be infringing them. Burst said that its technology is critical to Apple’s success “providing it with critical audio and video-on-demand” media solutions.

“We have a responsibility to protect our patents and to seek a fair return for the many years and tremendous investment that we have made in developing Burst technology and patents. While we had hoped to avoid litigation and negotiate a reasonable license fee, it is Apple’s own actions that have forced our hand,” said Lang. “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.“

Interestingly, Microsoft also fought a battle with Burst, however they ended up paying $60 to Burst for a licence of the patent. I don’t think that this is an option that Apple is likely to take, as they don’t usually give up easily without a fight!

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