Apple updates its response to Lodsys suit, but doesn't move to invalidate patents

Apple has updated its proposed answer to the Lodsys suit against third-party developers. Lodsys has recently expanded its patent suit to include big-name iOS developers like Rovio (of Angry Birds), EA, Atari, Take-Two Interactive and Square-Enix, according to The Mac Observer.

Florian Mueller of FOSS Patents points out that Apple's amendments to its proposed answer are very minor, however, and a readthrough of the amended document bears this out. Critically, Apple's argument remains that its licensing of Lodsys's patents should be sufficient to allow third-party developers on its platform the right to use in-app purchasing tools without having to license them independently. Mueller is not fully convinced this tactic will succeed, however, and believes that Apple should instead challenge the validity of the patents themselves. Some third-party developers have already filed for invalidation of the Lodsys patents, but Apple's motion to intervene hasn't gone nearly that far yet.

Lodsys obviously believes it has a strong case if it's graduated from suing smaller developers to going after industry titans like EA and Square-Enix. Mueller seems to be asserting that Apple's response to the case thus far has been lackluster, and it's hard to argue with him; considering what's at stake, it is indeed disappointing that Apple has yet to unleash the firepower of its fully-armed and operational battle lawyers upon Lodsys.