Apple Steps Up in Lodsys Lawsuits, Files Motion to Intervene

lodsys wordmark

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.

Popular Stories

iPhone 17 Plus Feature

iPhone 17 Lineup Specs Detail Display Upgrade and New High-End Model

Monday July 22, 2024 4:33 am PDT by
Key details about the overall specifications of the iPhone 17 lineup have been shared by the leaker known as "Ice Universe," clarifying several important aspects of next year's devices. Reports in recent months have converged in agreement that Apple will discontinue the "Plus" iPhone model in 2025 while introducing an all-new iPhone 17 "Slim" model as an even more high-end option sitting...
iPhone SE 4 Vertical Camera Feature

iPhone SE 4 Production Will Reportedly Begin Ramping Up in October

Tuesday July 23, 2024 2:00 pm PDT by
Following nearly two years of rumors about a fourth-generation iPhone SE, The Information today reported that Apple suppliers are finally planning to begin ramping up mass production of the device in October of this year. If accurate, that timeframe would mean that the next iPhone SE would not be announced alongside the iPhone 16 series in September, as expected. Instead, the report...
iPhone 17 Plus Feature Purple

These 5 Features Will Make the iPhone 17 the Biggest Update in Years

Monday July 22, 2024 4:02 pm PDT by
The upcoming iPhone 16 models that we're expecting to see in September are going to be quite similar to the iPhone 15 models, but rumors suggest that Apple is making big changes in 2025. We've been hearing hints of an all-new device in the iPhone lineup, and it may be the most expensive iPhone Apple has offered to date. New 'Slim' Design Rumors have taken to referring to the new iPhone 17...
Apple TV Plus Feature 2 Magenta and Blue

Apple TV+ Curbs Costs After Expensive Projects Fail to Capture Viewers

Monday July 22, 2024 5:11 am PDT by
Apple is scaling back its Hollywood spending after investing over $20 billion in original programming with limited success, Bloomberg reports. This shift comes after the streaming service, which launched in 2019, struggled to capture a significant share of the market, accounting for only 0.2% of TV viewership in the U.S., compared to Netflix's 8%. Despite heavy investment, critical acclaim,...
iPhone SE 4 Thumb 1

iPhone SE 4 Rumored to Launch Early Next Year With OLED Display, 48MP Camera, and More

Monday July 22, 2024 7:22 am PDT by
The fourth-generation iPhone SE will offer a series of major upgrades over the current model, the leaker known as "Ice Universe" claims. The information was listed in a post on Weibo, which also detailed the specifications of the iPhone 17 lineup. As previously rumored, the fourth-generation iPhone SE is expected to feature Face ID and USB-C, marking a major upgrade from current and previous ...
bsod

Microsoft Blames European Commission for Major Worldwide Outage

Monday July 22, 2024 11:55 am PDT by
Last Friday, a major CrowdStrike outage impacted PCs running Microsoft Windows, causing worldwide issues affecting airlines, retailers, banks, hospitals, rail networks, and more. Computers were stuck in continuous recovery loops, rendering them unusable. The failure was caused by an update to the CrowdStrike Falcon antivirus software that auto-installed on Windows 10 PCs, but Mac and Linux...
iOS 18 on iPhone Feature

Everything New in iOS 18 Beta 4

Tuesday July 23, 2024 1:08 pm PDT by
Apple released the fourth beta of iOS 18 today, introducing small changes to a number of features throughout the operating system. There are no big additions in this beta, but Apple is continuing to refine existing settings and design choices. Apple plans to continue updating iOS 18 over the next few months, with the update set to be released this fall. We've rounded up all of the changes...

Top Rated Comments

BigPrince Avatar
171 months ago
wow....talk about Apple stepping up to the plate to protect the environment!
Score: 29 Votes (Like | Disagree)
KnightWRX Avatar
171 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)
sillypooh Avatar
171 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)
Detlev Avatar
171 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)
ComputersaysNo Avatar
171 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)
0815 Avatar
171 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)