The company that has been trying to extract tribute from app developers had better lawyer-up
In a contest between Apple’s (AAPL) legal staff and Lodsys, the tiny Texas-based holding company that has been ordering iPhone developers to pay for technology Apple had already licensed, we’d put our money on team Cupertino.
Citing the doctrines of “patent exhaustion” and “first sale” and quoting a 2008 Supreme Court decision, Sewell rejects Lodsys’ claim that it is entitled to collect again and again on the same patents. He also requests that Small cease making “false assertions” and “cease and desist from any further threats to Apple’s customers and partners.”
Let’s see if that does the trick. FOSS Patents’ Florian Mueller has his doubts.