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Apple Steps Up in Lodsys Lawsuits, Files Motion to Intervene

FOSS Patents reports that Apple has filed a motion to intervene in the lawsuits Lodsys has filed against seven iOS developers.
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"). Apple seeks to intervene because it is expresslyl icensed to provide to the Developers products and services that embody the patents in suit, free from claims of infringement of those patents.
With the move, Apple is trying to interject itself in the lawsuits that it has otherwise not been a participant in. FOSS Patents believes its likely that Apple will be allowed in, though Lodsys can oppose the motion.

Also, while there's been no public confirmation, the site believes its likely that Apple has agreed to cover the defendant's costs and potential risks as "it's hard to imagine how else this could work."
Apple states explicitly that the sued app developers are "are individuals or small entities with far fewer resources than Apple and [...] lack the technical information, ability, and incentive to adequately protect Apple's rights under its license agreement."
Overall, it's good news for the developers affected by the lawsuit, but is still just the beginning of the process.

Top Rated Comments

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102 months ago about Apple stepping up to the plate to protect the environment!
Rating: 29 Votes
102 months ago
Bold move. I don't know many software (platform) companies who would have done that. The giant has a heart, protecting the villagers!

Not that the company had real choice here. Not doing so would have tarnished its reputation and viability of the platform. But still, it's cool, or smart, from their part.
Rating: 15 Votes
102 months ago

I'm wondering how the ruling in the patent lawsuit with microsoft will affect this case too?

That case is completely different. If you followed i4i vs Microsoft, you'd know i4i is not a patent troll. They had been partners with Microsoft when building the technology and they were mostly responsible for it hence why they hold the patent on it. Before the project ended, Microsoft cut all ties, dumped i4i and implemented the technology themselves into Office without giving i4i any credit or compensation.

Microsoft got what they deserved in that case. Not to mention the whole hypocrisy of "patents are bad! See what i4i did to us ?" and then turning around and suing tons of other players for patents and threatening Linux with veiled "Linux might infringe some of our patents you know!" comments.

Please don't compare i4i to a simple patent troll.
Rating: 15 Votes
102 months ago
Yeah! This is so like the starship Enterprise coming out of nowhere and blasting a Romulan ship to smithereens. Way to go Apple!
Rating: 13 Votes
102 months ago
What's that noise i hear? It sounds like charging a deathray or something. Oh well, just another day at Lodsys'office, nothing to worry about i guess.
Rating: 10 Votes
102 months ago
full text of Apple motion can be found here:

Interesting quote from there

The value of this license to Apple here lies in Apple’s ability, pursuant to the express terms of the license, to offer products and services embodying the patents in suit to the Developers, in return for theDevelopers’ agreement to pay Apple a percentage of their sales made using Apple’s products and services. The Developers, in turn, are able to use the products and services Apple provides to them free from claims of infringement of the patents in suit under the doctrines of exhaustion and first sale.

now we know part of the reason for the 30% cut ...
Rating: 8 Votes
102 months ago
Put down your lawsuits and step away...

... you have 10 seconds to comply.

(above image blatantly deep-linked from , please give them some hits! )
Rating: 8 Votes
102 months ago

The sheapard protect the sheeps from the wolf ... Hope no sheep gets lost

Lodsys isn't a wolf; its one of those annoying little terrier dogs that chases after sheep and causes the more panicky ones to hurt themselves.

Then the shepherd comes along with a shotgun and blows its feckin head off.
Rating: 6 Votes
102 months ago

Who here is surprised that KnightWRX is Lodsys' one man cheering section? :p

Who said I'm cheering for them ? Quite the contrary, as a iOS developer, I hope they lose.

Don't mistake me being a realist with "cheering". I just don't think Apple is going to crush Lodsys and go for a sure win. This is all planned on both sides and this will be a drawn out battle with no clear outcome in sight. I think Lodsys' patent is full of crap, they gamed the system to extend its usable lifetime and never made anything from it. However, there has been little forthcoming prior art to invalidate it.

It remains to be seen what the language in Apple's license is and if it does indeed hold up in court whether it covers or not 3rd parties. Lodsys isn't a bunch of dummies, no patent trolls should be underestimated. The language is probably written in a way that supports what Lodsys is doing and Apple probably have a good defense based on a different interpretation.

The winning interpretation will be up to the judge/jury on the case if this ever goes to court (if no settlement is reached).

Seriously, the level of discussion on this site is ridiculous sometimes. Why do I even have to explain this ? Take your "hater" propaganda elsewhere seriously. Just going "Go Apple! They'll crush Lodsys!" will only make you disappointed if Apple ever loses. It's much better to analyse the situation coldly and realise that Lodsys has lawyers too and those lawyers aren't dumb. They knew all this was coming, same as Apple knew their letter wouldn't stop the lawsuits and might even provoke them (which it did). This is all planned moves on both sides following a much bigger strategy than any of us are privy to.
Rating: 6 Votes
102 months ago

Are you that crazy? :eek:

Do you really think a patent license works the same way as you buying a coffee pot from Sears? Do you not understand that it's more than likely a perpetuating license with perpetuating income over the life of the license and that Lodsys more than likely has a mighty war chest from it?

Please. Reality check. Apple bought this license as a part of a package deal, and they didn't buy the license from Lodsys, but from the previous owner. Lodsys has not and will never, ever receive one penny of fees for this license from Apple. And Lodsys has just been sued by Adidas, Best Buy, and WE Energies over exactly the same patent, which will hopefully put a bit of drain onto their "mighty" war chest that doesn't contain any money from Apple. These three and other companies are asking for a declaratory judgement against Lodsys.

Just found this funny bit of information:

On June 7, 2011 Foresee Results filed for declaratory judgment against Lodsys in northern Illinois, related to Lodsys claims against Adidas, Best Buy and WE Energies. Foresee is represented by McDermott Will & Emery. The claim by Foresee alleges that several Lodsys patents are invalid. The venue of Northern Illinois was chosen because Foresee asserts that Lodsys actually is doing business there rather than their published Texas location. "..this Court has personal jurisdiction over Lodsys because Lodsys' Chief Executive Officer and sole employee resides in, and conducts business from, this Judicial District." Michael Shanahan of McDermott says that the patents at issue (the same as the iPhone lawsuits) are actually invalid.

One employee! There is also a nice analysis here:********-claim-chart.html Anatomy of ******** claim! And it seems that all employees of the company are on MacRumors and have voted me down!
Rating: 5 Votes

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