Apple hits back at Lodsys as giant files motion to intervene in legal action

Apple hits back at Lodsys as giant files motion to intervene in legal action
For the second time, Apple has attempted to come to the rescue of its development community by filing a motion that, if successful, will see the giant play a valuable role in legal action against iOS studios by Lodsys.

According to Foss Patents, the motion is an attempt by Apple to intervene in the seven lawsuits taken out against studios working across iOS, Mac and Android at the start of June.

Emotional motion

"Apple Inc. ("Apple") hereby respectfully moves to intervene as a defendant and counterclaim plaintiff in the above-captioned action brought by plaintiff Lodsys, LLC ("Lodsys") against seven software application developers (collectively, "Developers"), forallegedly infringing U.S. Patent Nos. 7,222,078 (the "078 patent") and 7,620,565 (the "565 patent" and, collectively, the "patents in suit")," the motion reads.

"Apple seeks to intervene because it is expressly licensed to provide to the Developers products and services that embody the patents in suit, free from claims of infringement of those patents."

Before Lodsys took said legal action, Apple had previously dismissed its hold over iOS studios, claiming its license to use the company's in-app purchase patents also covered developers working within the ecosystem.

Lodsys, however, has always maintained that developers are individually responsible for obtaining their own license agreements, and that Apple cannot sprinkle "pixie dust" over the development community as a whole.

A new player arrives

It's believed – though not yet confirmed – that Apple has also offered to pay all defendants' costs and potential risks, for fear that the cases will break down without such financial resolve.

However, it's not the only major player currently taking a pop at Lodsys.

It's being reported that industry analyst firm Foresee Results has filed a declaratory lawsuit against the company, owing to the threat of legal action against a number of its customers, including Best Buy, WE Energies and Adidas.

Foresee's challenge accuses Lodsys of sending its clients infringement claim letters - presumably much like those originally sent out to iOS developers – in a bid to tap up licensing deals.

If Foresee is successful in its bid, Lodsys' patent claim would be declared invalid, which could undermine the firm's current action against app developers.

[source: Foss Patents]

With a fine eye for detail, Keith Andrew is fuelled by strong coffee, Kylie Minogue and the shapely curve of a san serif font.


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