There's a glaring error in this article
Lodsys is arguing that the third-party app developers are in breach of the patent because it is *they* who are using it unlicensed. Apple are arguing two things, firstly that the licence they own does in fact cover third-parties *if* they are partners of Apple and *if* they are using the tech.
However, the second and more important thing they are arguing - as their first response letter makes very clear - is that this isn't even the case here. All the software involved in the display and processing of in-app transactions is solely the property of Apple (and is therefore covered by the licence they purchased from IV and therefore Lodsys). The third-party developers haven't touched any of the code other than to present the display of the framework in their app.
In other words, none of the front end is the third-party's, none of the backend is the third-party's and they are not involved in any way, shape or form in any of the transactions that occur as a result. Everything to do with in app purchases, other than the way it is presented in the app, is entirely Apple and is therefore, by default, properly licenced.
That *is* disputing Lodsys' argument and it is disputing it big time.