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Apple granted motion to intervene in lodsys patent dispute - China Universal USB Power Adapter by vacuumse mse





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Apple granted motion to intervene in lodsys patent dispute - China Universal USB Power Adapter by
Article Posted: 08/20/2012
Article Views: 62
Articles Written: 1079
Word Count: 494
Article Votes: 0
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Apple granted motion to intervene in lodsys patent dispute - China Universal USB Power Adapter


 
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Ten months after filing for the motion, Apple has finally beengranted the power to intervene on behalf of numerous iOS developersthat have been hit with a slew of patent suits by Lodsys. Although the scope in which Apple can operate is limited to patent exhaustion and licensing, Thursday's ruling allows theCupertino, Calif., company some space to aid software makers beingsued by the non-practicing entity Lodsys, reports FOSS Patents' Florian Mueller. In May 2011, Lodsys leveled a number of legal threats against iOS developers claiming patent infringement because their respective programs tookadvantage of a certain in-app purchasing patent held by theso-called patent troll. Apple responded by sending a formal letter to Lodsys asking the company to haltany future proceedings, but the request fell on deaf ears and asuit was filed on May 31. According to its website , Lodsys Group, LLC is a Marshall, Texas-based patent holdingscompany that apparently owns only four U.S.

patents by inventor DanAbelow. The company purchased the patent rights it is using in thisspecific case from Intellectual Ventures, another non-practicingentity that originally bought the rights from Abelow. In what is called patent exhaustion, Apple argues that because itlicensed the patent as operator of the App Store, its developersare likewise licensed by extension. To that effect, the iPhonemaker filed a motion to intervene in June 2011, later defending the move against Lodsys' objections. It was expected that Apple would be granted intervention rightsquickly, though the ruling never came and the motion sat in courtfor months.

Further confounding the situation was the resignationof the case's presiding judge. While Apple was waiting for a decision, Lodsys went forward with additional suits , extending its case to include large app makers like Angry Birdscreator Rovio. With Thursday's ruling, Apple will finally be able to put itsconsiderable legal weight behind the developers involved in thesuit, with Judge Rodney Gilstrap granting the company "permissiveintervention" or one that is under the court's purview. From the summary submitted to public record: "SEALED MEMORANDUM OPINION and ORDER - Apple has satisfied each ofthe four requirements for intervention as a matter of right underRule 24(a)(2).

The Court finds that permissive intervention is alsoappropriate under Rule 24(b). To avoid any potential prejudice toLodsys rights under the License Agreement such intervention shallbe and is hereby limited to the issues of license and patentexhaustion. Apples Motion to Intervene is GRANTED-IN-PART to theextent and as specified herein. Motions terminated: [4] MOTION toIntervene filed by Apple, Inc.

Signed by Judge Rodney Gilstrap on4/12/12. (ehs, ) Modified on 4/12/2012 (ch, )." It remains to be seen what Apple will invest in the case, but somesmaller developers have already settled out of court presumably dueto the high financial costs associated with a prolonged courtbattle.

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