Apple has filed a motion to interfere inLodsys ’s lawsuit against seven developers . As first reported by anti - patent crusaderFlorian Muelleron his blog , Apple ’s filing already let in its answer to Lodsys ’s complaint , and its own counterclaim — should the court approve Apple ’s initial intervention motion .
Lodsys made headline back in May when itsent legal threats to various iOS developer , say that their apps ravish one or more of several Lodsys patents covering in - app purchase . The patent holder by and by allege that while Apple itself already licensed its letters patent , case-by-case developer need their own licenses . Apple eventually responded , sending a letter to Lodsys contending that it “ is unarguably licensed to these patent and the Apple App Makers are protect by that license . There is no basis for Lodsys ’ infringement allegement against Apple ’s App Maker . ”
Apple ’s filing also takes thin - hide jabs at the intact package patent licensing situation : “ Apple sporadically enters into licenses for letters patent thatallegedlycover Apple engineering , ” it writes ( stress added ) .
The apparent motion to step in makes the same basic casing that Apple made in its letter to Lodsys — chiefly , that the alleged patent violation all count upon “ an Apple API and other Apple technology … not on algorithmic rule or content provided by the Developers themselves , ” and that Apple ’s licence therefore covers all the natural action involve . Apple go on : “ The only affair [ the apps in the causa ] have in vernacular is their economic consumption of the Apple engineering that countenance the Developers to interact with Apple end users through the App Store and other Apple engineering science . ”
The full school text of Apple ’s motion to interveneis available here . Also uncommitted isApple ’s offer answer and counterclaim . The latter document requests “ [ a ] declaration that Lodsys ’s claims against the developers are barred by the doctrines of patent of invention enfeeblement and first sale , ” which Apple say “ will deliver moot many , if not all , existing claim . ”
Apple did not respond immediately toMacworld’srequest for commentary on the filing .
