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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120 months ago
wow....talk about Apple stepping up to the plate to protect the environment!
Score: 29 Votes (Like | Disagree)
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120 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.
Score: 15 Votes (Like | Disagree)
Avatar
120 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.
Score: 15 Votes (Like | Disagree)
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120 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!
Score: 13 Votes (Like | Disagree)
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120 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.
Score: 10 Votes (Like | Disagree)
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120 months ago
full text of Apple motion can be found here:

http://news.cnet.com/8301-27076_3-20070465-248/apple-tries-to-intervene-in-lodsys-lawsuit/?part=rss&subj=news&tag=2547-1_3-0-20

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 ...
Score: 8 Votes (Like | Disagree)

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