Saturday, March 19, 2005

PBS | I, Cringely . Bursted Not Busted

PBS | I, Cringely . Bursted Not Busted: "Why the case never made it to trial is clear. Microsoft's immediate motivation to settle was the spoliation hearing that could have exposed the company to older cases being re-opened based on the possibility that Microsoft had deliberately destroyed evidence. Burst's motivation to settle was the 4.5 years remaining on their oldest patent. Taking the case to trial and then a couple appeals would have extended any eventual reward past the expiration of the first patents. That means while Burst may have gained a huge damage award from Microsoft, they would have got nothing from any other possible infringers. Since Burst has maintained all along that there are many such infringers, probably including companies like Real Networks and Apple Computer, settling now lets them have a go at those companies, too."

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