Apple files motion to intervene in Lodsys suit

Apple has filed a motion to intervene in the patent infringement lawsuit filed by Lodsys against seven third-party iOS developers. FOSS Patents reports that if the court grants Apple’s motion to participate as an intervenor—something the publication feels is “fairly likely”—Apple will have already submitted its answer to Lodsys’ complaint, as well as a counterclaim. The report also notes that while no one has yet confirmed that Apple has agreed to cover those developers’ costs and potential risks, it is unlikely the situation could work in any other manner. In its motion, Apple states that the defendants “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 proposed defense against Lodsys is related to the assertion that the alleged infringements are covered by an existing Apple license. Lodsys’ claims are related to the developers’ apps’ use of In-App Purchases and “upgrade” buttons. Interestingly, an unrelated company—ForeSee Results of Michigan—filed a declaratory judgement suit against Lodsys’ four patents earlier this week, seeking to have them invalidated.

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