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As reported by The Loop, Apple has finally responded regarding developers being targeted by patent holding firm Lodsys with notices of infringement and demands for licensing. According to the report, Apple's General Counsel Bruce Sewell has sent a letter to Lodsys claiming that developers are "undisputedly licensed" for the patent in question.
"Apple is undisputedly licensed to these patents and the App Makers are protected by that license," wrote Bruce Sewell, Apple Senior Vice President and General Counsel.
While it is unclear exactly how Lodsys will respond to Apple's demands, it seems clear that Apple is taking steps to protect developers in its App Store ecosystem and will likely take the lead in any potential lawsuits filed over the issue.
Update: The Loop has updated its report with additional quotes from Apple's response to Lodsys:
"Thus the technology that is targeted in your notice letters is technology that Apple is expressly licensed under the Lodsys patents to offer to Apple's App Makers. These licensed products and services enable Apple's App Makers to communicate with end users through the use of Apple's own licensed hardware, software, APIs, memory, servers, and interfaces, including Apple's App Store. Because Apple is licensed under Lodsys' patents to offer such technology to its App Makers, the App Makers are entitled to use this technology free from any infringement claims by Lodsys."
Update 2: Macworld has now posted the full text of the letter from Apple to Lodsys, which concludes:
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.
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(View all)Side note: I had to re-read Hockenberry's first tweet a few times. At first I thought it was very NSFW. :eek:
So, a patent troll meets its match. They wanted to pick on the small developer into paying them money, set a precedent, go after bigger devs, etc. Instead the giant walked over to the troll and said, "Where do you think you're going?"