[grellas]

It is relevant on at least two counts:

1. Motion to intervene: the fact that Apple earns revenues from third-party developer sales confirms that its interest in the "property" at issue in the litigation (the IV license) is potentially impaired if Lodsys is allowed to sue the developers for infringement when in fact (as Apple would claim) its patent rights were "exhausted" in this area when it (or its predecessor) granted the license to Apple. This fact, then, strengthens Apple's claim that is has a right to intervene to protect its interests.

2. On the merits: Apple will claim an unimpaired right to earn revenues from its developers owing to the strength of its license - this bolsters its substantive case that Lodsys is abusing its patent by trying to double-dip in having taken payment for the license in the first place (from Lodsys's predecessor) and then over-reaching to try to get further licensing revenues from those who should have the right to rely on Apple's license.