A week after its apps developers were issued lawsuit for allegedly breaching patent rights, Steve Jobs tech giant has come out fighting, saying there is “no basis” to the claims.
Click to enlarge
It also demanded the patent holding company Lodsys withdraw all notice claims immediately. Apple sent a copy of the legal notice to the accuser to all its app makers and said it was “fully prepared to defend” its rights.
In a letter sent by Apple’s legal counsel dated May 23, addressed to Texas based Loydsys, one of the companies currently pursuing app developers, who recently issued several notices to developers in the UK and US demanding they purchase licences to use an in-app purchasing system used on Apple iPhone iOS apps.
Apple argues since it is a licence holder of all four patents associated with the system, its developers should not have to purchase the rights a second time and say the licence terms allows it to pass the patent on to third parties.
The other patents in question include interactive online ads, online help and subscription renewals.
“There is no basis for Loydsys infringement allegation against Apple App Makers,” Bruce Sewell, Apple Senior VP and General Counsel wrote in a letter addressed to Mark Small, Loydsys CEO.
“Because Apple is licensed to under Loydsys patents to offer such technology to its app makers, [they] are entitled to use this technology free from any infringement claims” and is “entitled to offer licensed products and services to customers and business partners,” he added.
Sewell also demanded the company, whose licencees also include Nokia, IBM and Google “desist from further threats to Apple customers and partners.”
Among the developers hit were Patrick McCarron from New Jersey based developers MobileAge and James Thompson and Matt Braun from Ohio based Magnate Interactive, creator of the game MASH app.
Oklahoma based MacroSolve Inc also jumped on the lawsuit bandwagon following Lodsys’ lead, claiming against patent, no. 7,822,816, which governs data collection from “a remote computing device” claimed it covered use of the technology across all mobile computing devices ” wireless networks, smartphones, tablets, and rugged mobile devices.”
MacroSolve is looking not only at iOS developers however and slapped claims on Apple, Android and even BlackBerry developers for the patent which was registered in October last.