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Court allows Apple to defend developers in Lodsys suit

updated 06:45 pm EDT, Thu April 12, 2012

New judge agrees to limited intervention

Courts have finally allowed Apple to involve itself in an ongoing lawsuit filed by Lodsys against a number of app developers. Apple in June filed a motion to intervene, however the request was met by opposition from Lodsys and further stalled as the case was swapped to Judge Rodney Gilstrap.

"Apple is permitted to intervene in this suit, but such intervention is limited to the issues of patent exhaustion and licensing," Judge Gilstrap wrote, according to filing excerpts posted on Florian Mueller's blog.

After the non-practicing patent holder filed its infringement suit against a range of iOS app developers, Apple argued that its own licensing agreement with Lodsys effectively extends to apps published by third-party developers for the iOS platform.

Lodsys has followed a strategy of intimidation outside of the courtroom, sending threatening letters to iOS, Android and BlackBerry developers and demanding licensing agreements. Many smaller developers are believed to have ceded to the demands, rather than risking a potentially costly legal battle.

Apple's intervention in the existing lawsuit is viewed as a significant setback for Lodsys' licensing campaign, as the patent holder must now defend its claims against the tech giant's legal team. Other large companies, including fellow Lodsys licensee Google, are attempting to have the USPTO reexamine the validity of the patents involved in the lawsuit.




by MacNN Staff

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Comments

  1. Flying Meat

    Joined: Dec 1969

    +3

    Ruh row

    "...the patent holder must now defend its claims against the tech giant's legal team."

    And, well, the facts.

  1. Eriamjh

    Joined: Dec 1969

    +2

    You know...

    Why couldn't Apple just pay for the lawyers or provide their own. I don't understand what this "intervening" BS is all about.

  1. testudo

    Joined: Dec 1969

    0

    yeah....

    Lodsys has followed a strategy of intimidation outside of the courtroom, sending threatening letters to iOS, Android and BlackBerry developers and demanding licensing agreements.

    Yeah, sending letters is intimidating! They should just let it go, because, well, if the people refuse to license it, what else can you do without being 'intimidating'?

    Many smaller developers are believed to have ceded to the demands, rather than risking a potentially costly legal battle.

    And they should, in turn, sue Apple for adding in a capability that left them open to lawsuits!

    Apple's intervention in the existing lawsuit is viewed as a significant setback for Lodsys' licensing campaign, as the patent holder must now defend its claims against the tech giant's legal team.

    But Apple's intervention isn't 'intimidating'?

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