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The US patent system allows software implementations of ideas to be patented, which differs significantly from the European Union – although the European Parliament has been considering aligning patent rights with the US.

"While the developers will likely be interested in resolving this case as quickly and inexpensively as possible, Apple's interest is in protecting its broader license rights with respect to thousands of App developers for Apple products who may be the subject of future Lodsys lawsuits or threats," said Apple's motion, making it clear that the company did not expect the small independent developers originally sued by Lodsys to be able to fight the company in court.

Last week several European independent developers said they were withdrawing their apps from the US App Store for fear of being sued by Lodsys. That is clearly not an option for the likes of Rovio and EA, as well as for Apple. Games are the most lucrative category on the App Store, with iOS remaining the lead mobile platform for the vast majority of mobile games firms.