Apple has filed a “motion to intervene” in the patent action filed by Lodsys against seven app developers, stating that it “seeks to intervene because it is expressly licensed to provide to the developers products and services that embody the patents in suit, free from claims of infringement of those patents.” Lodsys has previously said that although Apple has a licence for its technology, “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.” Apple said that “specifically, the infringement analysis in the notice letters focuses on the developers’ use of Apple products and services covered by the licence.”

According to patent blog FOSS Patents, while the developers have not discussed the ongoing actions, there is a possibility that Apple has offered to cover the legal costs of the defendants. It notes that Apple has described the companies involved as “individuals or small entities with far fewer resources than Apple […which] lack the technical information, ability, and incentive to adequately protect Apple’s rights under its license agreement.” It notes that Apple’s defence hinges solely on the existing licence agreement, and that it makes no alternative defences – for example stating that the patents are invalid or that no infringement has taken place. FOSS Patents also suggests that Apple should make a “crystal clear public statement” that it will stand by its app developers, especially as Lodsys is still believed to be contacting additional developers about possible infringements.

So far, Lodsys has not commented on Apple’s planned intervention.