Apple wades into Lodsys case

Toymaker Apple has waded into the case of seven of its app developers sued by patent troll Lodsys.

The fruity cargo-cult has asked the Eastern District of Texas if it can intervene in the proceedings, and if the judge waggles his wig then Apple has already submitted its answer to the complaint, and its counterclaim.

Patent expert Florian Mueller tells us that Lodsys can try to stop Apple getting involved, but it is pretty unlikely.

In its motion, Apple states explicitly that the sued app developers 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.”

Apple’s defence against Lodsys’s claims is that the infringements are covered by an existing license agreement in Apple’s favour.

This is consistent with Apple’s recent letter to Lodsys. Apple does not raise any other defences, such as claiming that the patents are invalid or that they don’t read on the accused products.

The app developers, if they want to be involved, could raise those defences and might if Apple gives them the cash to do so, Mueller said.