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Apple backs devs in patent infringement case

Tue 24 May 2011 8:56am GMT / 4:56am EDT / 1:56am PDT
MobileLegalDevelopment

Third parties receive help as in-app upgrade case targets iOS developers

Apple

Established in 1976, Apple is a multinational corporation (corporate headquarters based in California)...

apple.com

Third party iOS developers caught up in a patent infringement case have won the backing of Apple, as the company demands that legal challenges to using in-app upgrades are dropped.

The legal case is being brought by company Lodsys, which has contacted a range of iOS developers with a demand of 0.575 per cent of their U.S. revenues. Lodsys claims that it has patents, filed 19 years ago, which cover in-app upgrades where users pay to access additional content or purchase a full game.

Although the four patents in question are valid, Apple argues that it licensed them from Lodsys and that all developers producing content for iOS are also covered as a result.

As a result Apple has weighed in on the side of the developers and asked Lodsys to withdraw the demands. However, the exact degree to which Apple would be willing to defend developers, if the cases go to court, is unclear.

The letter sent by Apple senior vice president and general counsel Bruce Sewell to Lodsys has been obtained in full by website Macworld, in which he suggests that Lodsys' demands are based on, "a fundamental misapprehension regarding Apple's license and the way Apple's products work".

"I expect that the additional information set out below will be sufficient for you to withdraw your outstanding threats to the App Makers and cease and desist from any further threats to Apple's customers and partners," states Sewell.

3 Comments

Peter Dwyer software engineer, openbet

24 0 0.0
A necessary step on Apple's part to ensure that developers have confidence that using technology provided by Apple does not leave them open to legal claims. It's one thing to bring a third party tech into apples store and find yourself sued for using it without proper authority but, to be using something that has been supplied by Apple themselves and then to get your assets sued off pretty much demanded that they step in and muscle be flexed.

I'm fairly sure that behind closed doors there will be stern words about this kind of behaviour. It's not like there was any ambiguity about what the licensed tech would be used for on Apples part, so trying to make an extra buck through such underhanded means isn't going to sit well.

Posted:3 years ago

#1

Andrew Clayton QA Weapons Tester, Electronic Arts

150 7 0.0
This seems like an oddly vague thing to patent. "In-app upgrades where users pay to access additional content or purchase a full game"? Is it the technology or the concept?

Posted:3 years ago

#2

Shane Sweeney Academic

396 407 1.0
Software Patents are horrible.

Posted:3 years ago

#3

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