Apple insists to intervene in Lodsys lawsuit against app developers

“About two weeks ago I reported on Lodsys’s lengthy opposition brief to Apple’s motion for an intervention,” Florian Mueller reports for FOSS Patents. “Many iOS app developers — not only the ones who have already been sued but also countless others who have not yet decided on whether to accede to Lodsys’s demands — are anxiously awaiting a court decision on Apple’s motion, which was filed almost two months ago.”

“In today’s reply brief, which I have uploaded to Scribd, Apple still requests a court hearing on its motion,” Mueller reports. “Things may still take some more time, but there will be no more written pleadings unless the court asks the parties to address particular questions in more detail. At this stage it’s possible that the court decides very quickly, and I continue to be reasonably optimistic that Apple’s motion will be granted.”

Mueller reports, “Apple’s filing tears into pieces the arguments put forward by Lodsys’s opposition brief.”

Much more in the full article here.

Adrian Kingsley-Hughes reports for ZDNet, “One of the arguments made by Apple is very interesting. In response to Lodsys’s claim that there was no need for Apple to enter the legal fray because some of the latest defendants – such as EA Games and Rovio – had the financial capacity to defend themselves, Apple gracefully bypasses this argument and points out how ‘none of the defendants have the technical information, expertise, and knowledge regarding how Apple’s technology works or the negotiation and intent of the License itself to fully articulate and develop Apple’s exhaustion defense.'”

“The news that Apple still wants to intervene, even after Lodsys’s rebuff attempt, will be welcome news to small developers looking for assistance in dealing with this patent troll,” Kingsley-Hughes writes.

Full article here.

Related articles:
Indie developer organizing ‘Operation Anthill’ coalition against Lodsys, patent trolls – August 2, 2011
Lodsys sues Rovio, EA, Atari claiming patent infringement – July 21, 2011
Lodsys sues The New York Times Company and five others in East Texas – July 5, 2011
Lodsys asks for two more months to answer Apple’s motion to intervene – June 22, 2011
Lodsys: Apple & Google may be contractually precluded from challenging Lodsys’s patents – June 16, 2011
The New York Times Company and OpinionLab sue Lodsys – June 14, 2011
All four Lodsys patents now also challenged in Southern California AV software maker ESET – June 13, 2011
Apple enters legal fray against Lodsys, files motion to intervene – June 10, 2011
New lawsuit may render Lodsys in-app purchase patents invalid – June 8, 2011
Lodsys sues 7 app developers in Eastern Texas; Mac and Android devs also targeted – May 31, 2011
Lodsys also threatens Android developers with legal action over in-app purchases – May 27, 2011
Full text: Apple Legal’s letter to Lodsys – May 23, 2011
Apple: iOS developers already licensed for Lodsys patents – May 23, 2011
EFF calls on to Apple defend iOS developers in Lodsys legal threats – May 21, 2011
Following Lodsys legal threats, Apple reportedly stops approving iOS apps with In-App Purchases – May 18, 2011
Lodsys defends legal threats: Apple is licensed, iOS developers are not – May 16, 2011
Lodsys threatens Apple App Store devs with lawsuit over In-App Purchases – May 13, 2011


    1. Uhm, Android devs are being sued too, so I highly doubt Google is behind Lodsys. Now, you’d be better off accusing Microsoft, as it needs devs for its platform, AND, Intellectual Ventures founded by Myhrvold, former Microsoft exec, purportedly sold this patent to Lodsys.

    2. Lodsys is owned by a guy who was nothing more than a consultant who decided patents were better money than projects at places like IBM.


  1. What makes these people patent trolls is that they are double dipping, not that the patent is “bogus”. apple already has a license on the patent… so their attempts to double dip are the crime here.

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