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Lodsys Agrees to Dismiss Patent Case Against Small Developer for a Charitable Donation

Back in May 2011, patent holding firm Lodsys began threatening lawsuits against a number of small iOS developers, alleging infringement of a Lodsys-held patent through the use of Apple's in-app purchase and upgrade functionalities. The case was an interesting one because small developers were being held liable for their use of Apple's supported tools for iOS apps, with Apple agreeing to back the developers and claiming that Apple's existing license with Lodsys automatically extended to cover third-party developers using those tools.

Lodsys continued to pressure developers, both large and small, to take out their own licenses for Lodsys' patents, with many developers choosing to purchase licenses rather than fight in court. Lodsys now claims over 200 licensees for its patents.

lodsys_logo_2012
While news about Lodsys had been relatively quiet through late 2012 and early 2013, the firm once again made a splash in April of this year when it filed suit against Disney, Gameloft, and several other developers and companies. Aside from a brief June announcement from Lodsys noting that Angry Birds developer Rovio has taken a license for Lodsys' patents, things had once again turned quiet through the middle of this year.

But as noted in a blog post today from developer Todd Moore, whose firm TMSOFT is responsible for several dozen iOS and Mac apps, Lodsys has curiously agreed to dismiss its case against him in exchange for an end to the dispute and a mutual charitable donation from the two sides (via @DotComCTO).
The dismissal is with prejudice which means they can never sue my company again for infringing its patents. I did not have to pay any money to Lodsys or sign a license agreement. I also did not sign a confidentially agreement so I’m free to talk about this matter.

So what did I have to agree to?

1. Never to sue Lodsys over its patents (I otherwise would have the right to ask a court to rule their patents invalid if I wanted)

2. Dismiss all motions with prejudice (we had filed a motion to dismiss that also sought to recover my attorneys fees, costs and expenses)

3. Make a donation to a mutually agreeable charity
Moore notes that the only reason he was able to fight Lodsys in court was that he had pro bono assistance from the Public Patent Foundation, with attorneys there estimating that their time spent on the case could normally have been billed at roughly $190,000 even before it headed to trial. He also highlights the ease with which Lodsys is able to file patent lawsuits against small developers and his continuing efforts at supporting patent reform.

It remains unclear whether Lodsys' move to dismiss the case against Moore and TMSOFT is part of a strategy shift for the firm or if it simply realized that it was not worth pursuing a protracted fight against a small developer receiving free legal representation. We have yet to hear of any similar settlements, although many developers have understandably been reluctant to share details on their own experiences with Lodsys.

Top Rated Comments

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18 months ago
they knew if they went to court and lost then they would lose their other 200 licencees because the precedent would be set that their patents were invalid. They only prey on companies that they know won't fight back because then they can keep doing it over and over. As soon as a judge rules against them for one case the party is over
Rating: 14 Votes
18 months ago
Ah, yes, the Lodsys Charity for Starving Patent Lawyers Red Cross.
Rating: 12 Votes
18 months ago
That logo looks awful.
Rating: 6 Votes
18 months ago
It's still extortion :eek:
Rating: 6 Votes
18 months ago
Where's Dexter when you need him?
Rating: 5 Votes
18 months ago
I'm sure I'm missing something but to me it reads like TMSOFT received pro bono funding to fight Lodsys in court. And instead of seeing it through and putting an end to it for all the developers being threatened and bullied by Lodsys they took the easy way out. Only really benefiting themselves. Leaving all the other dev's once again as fair game?
Rating: 5 Votes
18 months ago

made in MS word??? :eek:


Only Comic Sans can make it worse....



:D

MS Paint ;)


My secret... It's out.... :(
Rating: 3 Votes
18 months ago
They got scared.

They were afraid that they might lose. That is the only reason to settle. If they lose, they lose the attorney fees for the person they sued, etc.

If they lose, it also allows others that they sued to use the evidence from that case.

They are running scared.
The other guy should have made them go all the way with the help of EFF.
Rating: 3 Votes
18 months ago

$190,000 even before it headed to trial

There is definitely something wrong in the VS :eek:


This is why they do it. They know 99% of the people can't afford a defense, etc. They dropped this one because the company actually got a defense for pro bono and if they lost, all their future lawsuits would be void.

----------

I looked these guys up a while ago. It's the nastiest legitimate (not illegal) company I have ever seen. The only good thing is that their site is pretty well-designed.


This is where you wish you could use the NAVY SEALS for domestic issues.

;)
Rating: 3 Votes
18 months ago

Only Comic Sans can make it worse....

Image (http://chazclout.com/CV/Upload/images/lodsyslogo.jpg)

:D



My secret... It's out.... :(


It's a sample logo from Logo creator 5 from Laughing bird software
They didn't even bother to change the font. LAME... it Wallows in Lameness!

http://www.laughingbirdsoftware.com/products/the-logo-creator/
Rating: 2 Votes

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