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Apple insists it has right to intervene in Lodsys patent suit

Apple has filed a response brief to Lodsys, who responded to Apple's intervention in the patent suit two weeks ago. Around the same time, the suit was expanded to include big-name iOS developers such as Rovio, EA, Atari, Take-Two Interactive and Square Enix. Lodsys has filed an opposition brief trying to convince the courts that Apple has no basis to intervene in Lodsys's patent suit against third-party iOS developers.

Florian Mueller of FOSS Patents says that Apple still wants a court hearing on the intervention motion. He's uploaded the brief to Scribd and provided a brief summary of the arguments Apple provided to tear apart Lodsys's claims.

At the heart of the matter is Apple's assertion that if it doesn't intervene, it could lead to a boycott of some of Apple's core products by app developers. Apple also asserts that despite some of the recent big-name additions to the suit being able to defend themselves, "none of the defendants have the technical information, expertise, and knowledge regarding how Apple's technology works or the negotiation and intent of the License itself to fully articulate and develop Apple's exhaustion defense. [...] This distinction alone is sufficient."