Better late than never, Apple has finally responded to the in-app purchase (IAP) patent issue, directing potential suitor Lodsys in no uncertain terms to drop its threat of action against iOS developers. 

The warning has been made via a company letter to the firm, in which Apple states that its own license to implement its IAP software also covers any developers making use of it in their titles.

Indisputable evidence

"Apple is undisputedly licensed to these patents and the Apple App Makers are protected by that license," the letter reads.

"There is no basis for Lodsys' infringement allegations against Apple’s App Makers. Apple intends to share this letter and the information set out herein with its App Makers and is fully prepared to defend Apple’s license rights."

Though Apple stops short of claiming Lodsys is doing anything underhand, it does state that the firm's claim that developers need to license its patent is based on a "fundamental misapprehension" of both Apple's license, and the way Apple works.

Lodsys had claimed that Apple's license didn't allow them to spread "pixie dust" over the iOS development community and, in turn, that each studio was liable for a license of its own.

Apple, however, takes an entirely different view.

"Under its license, Apple is entitled to offer these licensed products and services to its customers and business partners, who, in turn, have the right to use them," the firm states.

"Under your reading of the claim as set out in your letters, the allegedly infringing acts require the use of Apple APIs to provide two-way communication, the transmission of an Apple ID and other services to permit access for the user to the App store, and the use of Apple’s hardware, iOS, and servers."

Patent play

Indeed, sifting through the 'legal speak' reveals that, as a licensee, Apple hasn't attempted to dismiss Lodsys's claim to the patent in the first place, but rather state that, because Apple handles every step of the in-app purchase system on iOS, developers aren't liable.

"In the notice letters to App Makers that we have been privy to, Lodsys itself relies on screenshots of the App Store to purportedly meet this claim element," Apple counters.

"Through its threatened infringement claims against users of Apple's licensed technology, Lodsys is invoking patent law to control the post-sale use of these licensed products and methods.

"Therefore, Apple requests that Lodsys immediately withdraw all notice letters sent to Apple App Makers and cease its false assertions that the App Makers' use of licensed Apple products and services in any way constitute infringement of any Lodsys patent."

Apple's response comes just as some were advising developers to take steps to settle with Lodsys, taking the view that no one developer had the funds available to fight Lodsys in court.

[source: MacWorld]