[UtestMe]

“[t]he 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.” Quanta Computer, Inc. v. LG Elecs., Inc., 553 U.S. 617 (2008).

In plain English: because Apple bought the patent from Lodsys, Lodsys cannot ask for any benefit that might be related to the patent. Period.

[ghaff]

Apple licensed the patent. Their claim is that the license covers the relevant downstream use.