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.