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Thursday, November 30, 2006

Apple Settlement Decision Lands Patent Attorney in Public Spotlight

Apple Settlement Decision Lands Patent Attorney in Public Spotlight

SALT LAKE CITY, Nov. 30 /PRNewswire/ -- A recent out-of-court settlement between Apple Computer and the owner of the patent that covers the downloading of music and video with the ability to play music and video on a device (technology essential to the iPod and other music and video technology) has landed the attorney in the national spotlight.

Michael Starkweather is now commenting on the impact of Apple's decision that affects "The future of the whole cell phone, iPod and PDA industry. That's the billion dollar patent." Starkweather believes that this patent has just overcome its first major legal victory. "I believe that, with this patent in hand, Apple will eventually be after every phone company, film maker, computer maker and video producer to pay royalties on every download of not just music but also movies and videos."

This patent is considered by some to be one of the most important in years for the industry and in particular Apple. Since launching the iPod in 2001, iPod's 3rd quarter 2006 sales accounted for 42 percent or about $4 billion, of Apple's record-breaking revenues. If the patent had landed in the hands of Apple's competitors, it would have seriously threatened Apple. Currently, the iTunes software, which is covered by the patent is the primary access point to Apple's industry-leading iTunes Music Store. This software is available in 19 countries where more than 450 million songs have been downloaded worldwide.

Starkweather wrote the patent in 1996 for a Vermont inventor who originally didn't show interest in patenting the idea or understand its value. The concept consisted of a desktop computer holding multiple songs with an interface allowing a hotel guest to select three songs and play them on an electric grand piano. Starkweather saw the broader value and broke the patent into three elements; remote music storage, selection of music to download and playing music on a music device. Starkweather realized that downloading movies was an obvious variation to downloading music. It was data manipulated in the same way. "Sometimes it's easy to break an invention down to its key components," Starkweather says. "That's why patent writing is an art, not a science, and requires creativity."

Starkweather began his career as a Patent Examiner in the U.S. Patent and Trademark Office, then served as in-house Patent Attorney for several major corporations, including Xerox Corporation, AT&T/NCR, Micron Semiconductor and IBM.

I.P. portfolio management has been a major focus for Mr. Starkweather. He has developed tools for executives to clearly "valuate" I.P. portfolios involving thousands of patents. Those valuations have been used to negotiate hundred million dollar mergers, acquisitions, and licensing deals.

Currently, Starkweather is practicing patent law in Salt Lake City at his law firm, Advantia Law Group which he founded. He is available for interviews on the recent settlement or in relation to corporate and patent law.

Available Topic Expert(s): For information on the listed expert(s), click appropriate link. Michael Starkweather http://profnet.prnewswire.com/Subscriber/ExpertProfile.aspx?ei=55291

Source: Richter7 Public Relations for Michael Starkweather

CONTACT: David Allred of Richter7 Public Relations, +1-801-521-2903, for
Michael Starkweather; or Amber Armstrong, +1-801-272-8368

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