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Apple backs developers against Lodsys in iOS patent case

by Shaun Nichols

24 May 2011

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Apple is promising legal reprisals against a patent company which it claims is unfairly threatening legal action against third-party developers.

Bruce Sewell, senior vice president and general counsel at Apple, issued a letter on Monday to Lodsys LLC and its chief executive asking the company to withdraw any letters sent to third-party iOS apps developers regarding patent infringement.

Lodsys has been writing to individual iOS developers claiming that, while Apple has a licence to use the patents in iOS, the third-party applications are not covered by the licence, and are therefore subject to additional licensing costs.

Apple maintains that the claims against developers are based on a "fundamental misapprehension" of the licence and the rights it grants Apple.

The company claims that the licence allows Apple to offer the Lodsys patented material through its developer platforms and services, which it says are covered by the licence.

"Through its threatened infringement claims against users of Apple's licensed technology, Lodsys is invoking patent law to control the post-sale use of these licensed products and methods," Apple said in the letter.

"Apple requests that Lodsys immediately withdraw all notice letters sent to Apple app makers, and cease its false assertions that the app makers' use of licensed Apple products and services in any way constitutes infringement on any Lodsys patent."

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