Apple has launched legal action in an attempt to have patents for video and audio delivery software held by declared invalid.

The company sued Burst in the US District Court in San Francisco requesting declaratory relief to determine the patents invalid.

The suit follows a break-down in protracted negotiations to issue a licence for Burst’s patents to cover Apple’s iPod and iTunes products.

Burst first approached Apple in late 2004 in an attempt to agree licences for the use of the technology. Burst’s legal team told Apple that the company believed Apple was infringing its patents, and that it would launch action. Apple denies the claims.

Burst warns that it will respond to Apple’s action and file a counterclaim for patent infringement “shortly”.

“Burst remains committed to the enforcement of its intellectual property and looks forward to successfully resolving this litigation through a licence covering Apple’s Quicktime, iPod and iTunes products, including Apple’s iTunes Music Store,” the company said.

Last year, Burst settled its patent and antitrust suit against Microsoft with Microsoft taking a licence to Burst’s patents and paying a lump sum of $60 million.