Lodsys has filed a motion arguing against Apple’s request to intervene on behalf of iPhone and iPad app makers in the patent holder’s infringement suit. According to the documents Lodsys filed with the court, Apple’s interest in the case is only economic, and there isn’t a valid legal reason why Apple should be allowed to participate in the case.
Apple filed the motion in June after Lodsys began suing developers over allegations that they were using its in-app purchase concept without paying patent license fees. Apple claimed the licensing fees it paid for the App Store cover third-party developers as well since they are simply tapping into a system it put in place.
Lodsys to Apple: Stay out of our court room.
Lodsys doesn’t think Apple has any legal interest in the lawsuits, and is looking to get the Cupertino-based company’s motion dismissed or at least postponed during a discovery period, according to Foss Patents.
“Lodsys’s opposition to Apple’s motion is at least going to cause further delay. Apple will now have the chance to file a reply defending its motion against Lodsys’s opposition, and then there will probably be a hearing and, certainly, a decision,” Florian Meuller said on Foss Patents. “It may take several more weeks until app developers know whether Apple is admitted as an intervenor.”
iPhone, iPad and iPod touch app developers came under fire in June when Lodsys began filing lawsuits against them alleging they were violating patents it owns by using the in-app purchase system Apple offers as part of the App Store. Apple has maintained that the license fees it pays cover app developers, and that Lodsys doesn’t have any basis for its claims.
For its part, Lodsys disagrees. “Unfortunately for Developers, Apple’s claim of infallibility has no discernable basis in law or fact,” the company said.
There isn’t any word yet from the court on when to expect a ruling on Apple’s request to join the legal battle.