[brudgers]

I don't think Apple expected Lodsys to back down - they were in negotiations with them afterall [according to Apple's letter]. The letter was intended to encourage developers to continue to develop for Apple's platform. If they had been serious about stopping Lodsys, Apple would have been in court seeking an injunction. However, the downside would have been Apple potentially setting a precedent that established greater obligations toward developers than currently exist - and that has such severe downsides to their business model that they won't do it.

[Someone]

IANAL, but is it even possible for Apple to get an injunction, given that they technically/formally are not a party in this case?

[innernette]

Apple would not get an injunction, but it could get a declaratory judgment. Apple could get a judgment for invalidity or non-infringement.

You are right though, legally Apple is in a different position from the app developers that are being sued, and that probably poses some problems. The terms of Apple's license with Lodsys might hamstring some of their arguments. Apple might not even have standing to get a judgment of non-infringement. On the other hand, if Apple had filed for declaratory judgment, it could have chosen a venue other than the Eastern District of Texas, the plaintiff-friendly federal court that Lodsys chose.

It's a complicated decision for Apple, and it's more than just choosing to stand up for developers or not. Apple was probably in the process of evaluating the strength of their position when Lodsys rushed the issue to the courthouse.

[brudgers]

INALE - Given the claims regarding the nature of their license made in Apple's letter, it would appear that LodSys's pursuit of developers could easily be construed by competent attorneys as a violation of Apple's license with at least enough plausibly to get Lodsys into court and keep them there over the short term were Apple so inclined. Obviously either Apple is not so inclined or the description of their rights under the license with Lodsys is based upon a less than conservative interpretation of the agreement.

[shithead]

Pussies, not going to bat for their developers. Apple has scores of billions in the bank. Give one of them to a posse of lawyers and tell them "We want to see the Lodsys rubble bounce."