Apple Updates Response in Lodsys Patent Case

| News

Apple filed a revised version of its proposed answer to Lodsys in the patent infringement lawsuit the patent holder has brought against several iPhone and iPad app developers, according to Foss Patents. Lodsys recently updated its filing with the court to add new app developers, and Apple is moving forward under the assumption that it will be allowed to intervene on behalf the companies listed in the case.

Apple’s updated filing comes in response to Lodsys adding Rovio to the list of companies it is suing over in-app purchase features. Lodsys specifically mentioned the popular Angry Birds games for the iPhone, iPad and Android devices. It also added Electronic Arts, Atari, Square Enix, and Take-Two Interactive to the list of companies it is suing for patent infringement.

Apple updates intervention filing in Lodsys caseApple files response in Lodsys patent infringement battle

Lodsys gained notoriety after sending letters to independent iOS app developers alleging they used in-app purchase systems they use infringe on patents it holds. After Apple’s legal team sent Lodsys CEO Mark Small a letter stating that it properly licensed the patents for itself and third parties, the company filed lawsuits against seven different developers. The list of companies Lodsys is suing has since grown to 37.

Apple responded by filing a motion to intervene in the patent infringement lawsuits on behalf of the named iPhone and iPad app developers. Apple’s legal team also filed a counterclaim asserting that it, along with third party iOS app developers, are properly licensed to use the technology the Lodsys patents cover.

The motion to intervene stated, in part, “Apple has an interest in property that is at the center of this dispute, namely, its license to the patents in suit and its business with the developers, which depends on their use of products and services that Apple is expressly licensed under the patents in suit to offer them.”

The revisions Apple filed with the court address the additional companies Lodsys has added to its growing shopping list of alleged patent infringers, although there isn’t any new wording to challenge the validity of the patents in question.

“It’s disappointing that Apple still doesn’t challenge the validity of Lodsys’s patents nor the assertion that there is an infringement,” Florian Mueller said on the Foss Patents Web site. “Apple’s license agreement with Intellectual Ventures presumably precludes Apple (and Google) from this unless they risk losing their license to those patents and potentially many others (up to more than 30,000).”

Apple hasn’t been authorized by the court yet to intervene on behalf of iOS app developers. That status could, however, be coming soon.



This American Life recently ran an episode called “When Patents Attack,” which discusses Intellectual Ventures, “patent trolls,” and their impact on software companies. Lodsys is also mentioned. Well worth a listen (or a read; the podcast and transcript are at the link below).


LoL, “The Troll on steroids.”


Since Florian Mueller had to open his mouth again: Why do sites like repeat the **** that comes out of his mouth and don’t tell him to stick his blog and the money that he gets from Microsoft wherever he likes and then **** off?

Seriously, he is very much reminding me of the time when the sad SCO affair started and the likes of Laura Didio, Maureen O’Gara, and of course Rob Enderle kept on telling and telling the world how SCO would destroy Linux and IBM.

And why on earth would Apple try to invalidate a patent and to assert that there is no infringement when Apple has a fully paid license that allows it to “infringe” as much as they like? This only makes sense in the warped mind of a shill.


Why would Apple challenge the validity of the patent? First, Apple paid for a license. Challenging the validity of the patent means its license that it paid for is meaningless if successful. Second, if Apple challenges the validity of the patent, that also benefits Android.

Apple benefits more if a Court finds it’s license covers App Store developers, but the patent is valid. That would mean Android developers where no license exists would still be at the mercy of the patent.

Smart on Apple’s part.

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