Apple tells 'patent troll' Lodsys to 'withdraw outstanding threats' over in-app purchase patent
Format holder deems 'no basis for infringement allegations'
Following reports last week that several iOS developers had received legal threats over their use of in-app purchasing systems, Apple has sent the company responsible, Lodsys, a "cease and desist" letter.
As reported by Macworld, Apple’s senior VP Bruce Sewell issued a letter yesterday to Lodsys CEO Mark Small, stating that, "Apple is undisputedly licensed to these patents and the Apple app makers are protected by that licence."
"There is no basis for Lodsys’ infringement allegations," the letter continued, citing a US Supreme Court ruling that, "the authorized sale of an article that substantially embodies a patent exhausts the patent holder’s rights and prevents the patent holder from invoking patent law to control postsale use of the article."
Sewell went on to request that Small, “cease and desist from any further threats to Apple’s customers and partners,” suggesting the legal threats were, “based on a fundamental misapprehension regarding Apple’s licence and the way Apple’s products work”.
It remains to be seen whether Lodsys will continue to pursue legal avenues, though Sewell’s letter suggests that Apple probably will if Lodsys doesn't back down: “Apple intends to share this letter and the information set out herein with its App Makers and is fully prepared to defend Apple’s license rights.”
Edge Online