Lodsys acquired its four patents from former Microsoft CTO Nathan Myhrvold's Intellectual Ventures patent holding company. It turns out that Apple already has a license to those patents by virtue of an investment deal in Intellectual Ventures.
It also bears repeating that "Lodsys" is a shell company with a vacant office in Marshall, Texas whose sole business is licensing and litigating four patents purchased from IV under (we can only assume) a secret revenue-sharing agreement. For all intents and purposes here, Lodsys is IV.
The interesting part is that Lodsys of course knew this before acquiring the patents from Intellectual Ventures, and here's the catch...
"Even if Apple believes the patents wouldn't stand up to reexamination, it is suspected that the secret terms of the license agreement with Intellectual Ventures prohibits Apple from attempting to have the patents invalidated."
Lodsys acquired its four patents from former Microsoft CTO Nathan Myhrvold's Intellectual Ventures patent holding company. It turns out that Apple already has a license to those patents by virtue of an investment deal in Intellectual Ventures.