Apple defends small developers against patent infringement claims

Tech giant Apple has come to the defence of its developer community, stating in a letter that individual app makers should not be targeted for alleged patent misuse and that a company accusing the software developers of doing so should withdraw all claims.

The unexpected defence comes after Lodsys, which owns the patent that covers some aspects of the in-app purchasing system, sent cease and desist letters to some developers accusing them of using the technology without payment.

Lodsys argues that the economic gains provided by its inventions are being enjoyed by these app developers and that “it is only fair” to target them instead of Apple, as they are the ones enjoying most of the benefits.

But today, Apple senior vice president and legal counsel Bruce Sewell wrote in a letter to Lodsys that it should leave its developers alone.

“The technology that is targeted in your notice letters is technology that Apple is expressly licensed under the Lodsys patents to offer to Apple’s App Makers,” he writes.

“Because Apple is licensed under Lodsys’ patents to offer such technology to its App Makers, the App Makers are entitled to use this technology free from any infringement claims by Lodsys.”

Moreover, he argues that based on previous Supreme Court judgements, the developers are free from claims.

“Therefore, Apple requests that Lodsys immediately withdraw all notice letters sent to Apple App Makers and cease its false assertions that the App Makers’ use of licensed Apple products and services in any way constitute infringement of any Lodsys patent.”

The letter is somewhat of a surprise. When developers first received their notices last week, they sent them to Apple with some assuming they would be left to their own devices, especially as Apple has said previously they are responsible for claims against their apps.

However, the fact Apple has come out in support of its developers will surely bolster their support for the company.

After all, Apple hardly has any other choice. The developer community is the reason behind the success of the App Store, which generates billions in revenue for the company and has all but guaranteed the success of the iPhone and iPad over the past few years.

Marc Edwards, head of Australian iOS app studio Bjango, says the response is a welcome show of support.

“They were quiet for some time and then made a decisive, calculated move. This is the best way to go… I think it would have been quite negative over time if they had left the developers alone.”

Edwards also points out this particular patent claim targeted the in-app purchasing system – a good source of revenue for Apple.

But it seems developers aren’t off the hook just yet.

Intellectual property and patent expert Florian Mueller has written in a blog that developers could still be targeted, and that Apple’s letter doesn’t step Lodsys from taking further action.

“It wouldn’t make economic sense for Lodsys to sue a few little app developers based on the damage awards or settlements Lodsys might get out of such a lawsuit. However, for Lodsys it would still be worth it if this resulted in a lucrative settlement with Apple.”

He also says that if a final ruling in a case suggests there was infringement of a patent, then “it would be hard for app developers to claim that Apple has a legal responsibility to cover them”.

But Edwards believes that because Apple has covered the developers so far, they will continue to do so.

“I don’t think this is over yet, I think Lodsys knew they were kicking a hornet’s nest and you’d think they’d prepare for it. But Apple putting the hand in this means they’ll fight it.”