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Lodsys Responds to Apple, Files Lawsuits Against App Developers, Promises $1000 If Wrong


Patent holding firm Lodsys today published a series of blog posts revealing that the company has filed suit against some App Store developers, accelerating its efforts to extract licensing fees from developers for using in app purchases and upgrade links in their App Store applications. Lodsys had given developers 21 days to negotiate a license before filing suit, but the firm appears to have initiated lawsuits early in order to thwart Apple's efforts to back the developers.
Q: Why did Lodsys sue some App Developers on May 31, 2011?

Lodsys chose to move its litigation timing to an earlier date than originally planned, in response to Apple's threat, in order to preserve its legal options.
Lodsys has also disputed Apple's assertion that developers are "undeniably licensed" for the technology by virtue of an existing licensing arrangement between Apple and Lodsys.
[Apple's] letter was very surprising as Apple and Lodsys were in confidential discussions and there was clearly disagreement on the interpretation of the license terms of Apple's agreement. Before, during and after these interactions, Lodsys has carefully considered this issue and consulted several legal experts to consider Apple's claims. We stand firm and restate our previous position that it is the 3rd party Developers that are responsible for the infringement of Lodsys' patents and they are responsible for securing the rights for their applications. Developers relying on Apple's letter do so to their own detriment and are strongly urged to review Apple's own developer agreements to determine the true extent of Apple's responsibilities to them.
Simultaneous to the blog posting, Lodsys says that is has sent a detailed legal response to Apple, which it has invited the company to publish in its entirety.

Finally, Lodsys has announced that it will reimburse any developer improperly targeted by an infringement notice $1,000 for their troubles, suggesting that the firm is confident in its standing and convinced that it will prevail.
While it is true that Apple and Lodsys have an obvious dispute about the scope of Apple's license to the Lodsys Patents, we are willing to put our money where our mouth is and pay you something if we are wrong. Therefore, Lodsys offers to pay $1,000 to each entity to whom we have sent an infringement notice for infringement on the iOS platform, or that we send a notice to in the future, if it turns out that the scope of Apple's existing license rights apply to fully license you with respect to our claim relating to your App on Apple iOS.
Update: FOSS Patents reveals that Lodsys filed suit against 7 developers.: Combay, Iconfactory, Illusion Labs, Machael G. Karr, Quickoffice, Richard Shinderman, and Wulven Games.

Top Rated Comments

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47 months ago
I hope Apple, Google, and whoever else these trolls decide to sue destroy the **** out of Lodsys until they are bankrupt.
Rating: 19 Votes
47 months ago
Apple Ninja Lawyers deployed in 3....2...1...
Rating: 18 Votes
47 months ago



Apple (Lodsys) are suing Samsung (developers) over patent infringement.

You cheer for Apple yet want Lodsys dead.

Fanboy much?


There is a massive difference between a company that actively engages in R&D that results in patents and eventually products to the consumer market and a a lawyer with some cash to buy up some patents whose sole intent is to wait for a mark to get big enough and sue them.

If you cannot see the difference between these two scenarios then you’re a bigger fanboy than those you cast aspersions on.
Rating: 17 Votes
47 months ago



Apple (Lodsys) are suing Samsung (developers) over patent infringement.

You cheer for Apple yet want Lodsys dead.

Fanboy much?


Those two are not even comparable.

Lodsys -> Suing small, independent development shops who would be put into the ground by legal fees to guard patents from 20 years ago that it doesn't use and never intends on using other than for trolling.

Apple -> Suing a large corporation (Samsung) to defend its intellectual property. And samsung has a countersuit anyways because it can afford one.

It is like saying that a heavyweight boxer fighting another heavyweight is the same as a schoolyard bully beating up a random kid for his lunch money.
Rating: 16 Votes
47 months ago
Utter bastards.

I'm not a fan of this whole thing at all.
Rating: 15 Votes
47 months ago
I encourage all developers to find the most pain in the ass way to pay Lodsys if they eventually win this BS case (let’s face it these ridiculous patents seem to win more often than they lose).

1) Write one check in the amount of .517¢ for each app you sell
2) Send them a penny for each app you sell, claim you’re doing them a favor by rounding up
3) Send them the money in Congolese Francs, or some equally volatile currency
4) Gift them your app and create a infinite loop that may or may not end the universe
Rating: 14 Votes
47 months ago
Hopefully Apple will be able to work it out. As much as I don't like the iOS walled garden, I dislike the precedent of patent trolls stymieing creative development with frivolous lawsuits even more.
Rating: 8 Votes
47 months ago
This seems like something so basic that Apple's lawyers should have asked when they were negotiating the deal: "This covers usage by our 3rd party developers, right?".

If Apple screwed up, they they did so big time. However Lodsys waiting until that service was used thousands of times by thousands of developers is total BS — they knew the first week that version of iOS was released whether or not they felt they had a claim to make.

Instead they wait for it to get fully adopted and entrenched and then go after everyone? There should be some sort of statute of limitations on that kind of sleazy activity. Again, assuming Lodsys is in the right.
Rating: 8 Votes
47 months ago
This is Kyle Poole from Wulven Game Studios. Like hundreds if not thousands of Apps, we use In-App payments for our TCG Shadow Era, which Touch Arcade hailed as "A fantastic representation of what freemium games should be.".

I wanted to thank Lodsys for suing us. You can't buy awesome publicity like this. I await the massive increase in Shadow Era players! :cool:
Rating: 7 Votes
47 months ago

I see. So before Lodsys attempts to make a profit on the patent that they own, they must first consult a priest to see if such act is, "God forbid", immoral?


So, capitalism always triumphs over ethics in your mind huh? And morality is a quaint notion reserved for men in funny white garments?

What a world this would be if everyone thought that way. Oh, by the way, did you pay your teeth brushing licensing fees today? What's that? You already paid to buy the toothbrush and toothpaste? Yes I know, but see, the guy who came up with the idea still wants a direct cut.
Rating: 7 Votes

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