We are still waiting to hear what Lodsys’ response will be to Apple’s letter to the company, in which it requests that the patent owner withdraw its requests for royalty payments from developers that have implemented payment systems in iOS apps. In the meantime, here’s a full copy of Apple’s letter below.
Hard to say whether we can expect an escalation of the situation from here from either side, but Apple (NSDQ: AAPL) clearly feels it is on secure ground. Citing a 2008 ruling from the Supreme Court, it notes that “the authorized sale of an article that substantially embodies a patent exhausts the patent holder’s rights and prevents the patent holder from invoking patent law to control postsale use of the article.”
Apple’s Letter to Lodsys
http://viewer.docstoc.com/var docstoc_docid=”80255093″;var docstoc_title=”Apple’s Letter to Lodsys”;var docstoc_urltitle=”Apple’s Letter to Lodsys”;
Developers should find this turn of events reassuring amidst all the other suggestions from many corners about what they should do next, from showing a “willingness to pay” to boycotting in-app payments until the issue gets resolved.