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http://www.macnn.com/articles/11/05/23/says.developers.under.umbrella.protection/

Apple demands end to Lodsys licensing requests

updated 03:30 pm EDT, Mon May 23, 2011

 

Says developers under umbrella protection


Following up on its investigations, Apple has sent a letter to Lodsys asking that the company stop demanding patent licenses from iOS developers. Lodsys has claimed that by supporting in-app purchases, developers are in violation of patents it owns. In a series of blog posts, the firm further charged that while Apple is licensed for in-app purchase technology, its "pixie dust" does not extend to developers.

"Apple is undisputedly licensed to these patents and the Apple App Makers are protected by that license," reads part of Apple's letter, drafted by general counsel Bruce Sewell. "There is no basis for Lodsys’ infringement allegations against Apple’s App Makers. Apple intends to share this letter and the information set out herein with its App Makers and is fully prepared to defend Apple’s license rights."

Sewell asks that Lodsys "cease and desist from any further threats to Apple’s customers and partners," and asserts that Apple's license to "all four of the patents in the Lodsys portfolio" allows it to offer the products and services to customers and business partners. The counsel moreover claims that Lodsys' actions are based on a "fundamental misapprehension" of Apple's license and products, especially as the allegedly infringing purchase systems rely on Apple APIs, SDKs and and other technology.

The letter concludes with a request 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." Lodsys has yet to make a public response. The company may find it itself in a difficult situation though, as it has publicly stated an unwillingness to pursue Apple itself.




by MacNN Staff

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Comments

  1. Sebastien

    Mac Enthusiast

    Joined: Apr 2000

    +18

    Thank you, USPTO

    For making this kind of total mess possible.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    +2

    but...

    The company may find it itself in a difficult situation though, as it has publicly stated an unwillingness to pursue Apple itself.

    It is unwilling to pursue them because they already got Apple to pay money to license the tech. At odds now is whether that license trickles down to the developers.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    +10

    Re: Thank you

    Don't blame the USPTO, blame Congress for refusing to change the system. Heck, they had a chance to change it from "first to invent" to "first to file", like the rest of the world. But, no, the patent geniuses in congress know which was is better.

  1. Jonathan-Tanya

    Fresh-Faced Recruit

    Joined: Oct 2004

    +11

    blame the voters

    while we are traveling down that culpability trail - blame the voter who couldn't give a rats behind, never did, and never will - who vote for candidates based on any old banal reason, and do not educate themselves on even the most basic of issues, let alone, actually comprehending the complexity of patent law.

    Unfortunately, big interests have the ear of Congress, and there is basically no repercussions for voting against the public interest.

    I don't hold out much hope for positive change in regards to patents, unless big interests like Apple decide it doesn't favor them anymore.

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