Patent firm Lodsys has disputed Apple’s License claim in its blog and is reported to have filed lawsuit against iPad and iPhone developers. In a blog post titled “Apple’s License Claim Disputed”, the patent firm says-
On May 22nd, Apple’s chief lawyer Bruce Sewell unequivocally announced that Apple’s license to the Lodsys patents gave Apple’s 3rd party developers complete and “undisputable” freedom to use the covered inventions without paying royalties or fearing lawsuits. There was a very positive reaction in the press and blogs. Apple appeared to give the Developer community what they wanted. Unfortunately for Developers, Apple’s claim of infallibility has no discernable basis in law or fact.
The letter was very surprising as Apple and Lodsys were in confidential discussions and there was clearly disagreement on the interpretation of the license terms of Apple’s agreement. Before, during and after these interactions, Lodsys has carefully considered this issue and consulted several legal experts to consider Apple’s claims. We stand firm and restate our previous position that it is the 3rd party Developers that are responsible for the infringement of Lodsys’ patents and they are responsible for securing the rights for their applications. Developers relying on Apple’s letter do so to their own detriment and are strongly urged to review Apple’s own developer agreements to determine the true extent of Apple’s responsibilities to them.
In a private communication, simultaneous to this posting, Lodsys has sent a detailed legal position on the license interpretation issue, in writing to Apple that has been previously only verbally communicated. Apple has our permission to publish that letter, in its entirety, should developers wish to review our dispute and evaluate the risks with their own counsel. While we have nothing to hide, we cannot unilaterally publish the letter because it refers to information that was obtained with an obligation of confidentiality to Apple and we do not have their permission to do so.
In a separate blog post, the patent holding firm has also announced that it will pay $1000 to any iPad and iPhone developer who will be wrongly targeted on the patent infringement issue. The post reads-
While it is true that Apple and Lodsys have an obvious dispute about the scope of Apple’s license to the Lodsys Patents, we are willing to put our money where our mouth is and pay you something if we are wrong. Therefore, Lodsys offers to pay $1,000 to each entity to whom we have sent an infringement notice for infringement on the iOS platform, or that we send a notice to in the future, if it turns out that the scope of Apple’s existing license rights apply to fully license you with respect to our claim relating to your App on Apple iOS.
It seems the patent infringement issue involving Apple, Lodsys and iOS app developers is up for a long haul. Last month, Lodsys sent legal notices to iPad and iPhone developers over using its patented in-app purchasing system asking them to get licensed within 21 days. After a lot of hue and cry from iOS developers, Apple intervened and disputed Lodsys claims. Experts believe that Lodsys move to file lawsuit against iPad and iPhone developers much before the expiry of 21 day notice period is an attempt of thwart Apple’s backing developers.
Tags: Apple developers, in-app purchasing patent, iPad app Developers, iphone developers, Lodsys patent infringement issue
Rumors are rife in the web world that Cupertino based Apple Inc., may launch iPad 2 on March 2 at an event in San Francisco. Apple has already sent invitation to some media men which says “Come see what 2011 will be the year of.” Apple, world’s biggest company in market value, has not yet spoke on the issue.
sold and 11,000 iPad apps ready for download within 80 days. That’s a startling number that beats all other mobile computing tablets like a charm. Credit goes to adroit iPad developers who in a short time tweaked the iPhone applications and made it iPad compatible apps.


