Since 2011, patent troll Lodsys has been shaking down small iOS developers over patents. Apple attempted to intervene, arguing in a 2011 motion that it had already licensed the patents in question and developers were covered under Apple’s license. However, U.S. District Judge Rodney Gilstrap has now dismissed Apple’s motion because the defendants in the case have all settled. Help us, Martha Stewart, you are our only hope. Unless, that is, Apple were to go on the offensive, as Gilstrap suggests: “Nothing about the Court’s decision prevents Apple from filing an original declaratory judgment action, in a venue of its choosing, whereby each named developer and patent holder have an opportunity to defend themselves in open court.” follow link
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- ExtraBITS for 07 October 2013 (07 Oct 13)
Apple Motion Ignored after Lodsys Patent Troll Settlements
All it takes is for Lodsys to sue a new app developer, for that developer to not settle, and then Apple will have standing to apply to intervene.
Or, as I've now edited the piece, Apple could sue Lodsys directly, as the judge suggests.