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

lodsys lawsuits png
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

chrono1081 Avatar
133 months ago
I hope Apple, Google, and whoever else these trolls decide to sue destroy the **** out of Lodsys until they are bankrupt.
Score: 19 Votes (Like | Disagree)
Krizoitz Avatar
133 months ago
Apple Ninja Lawyers deployed in 3....2...1...
Score: 18 Votes (Like | Disagree)
dashiel Avatar
133 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.
Score: 17 Votes (Like | Disagree)
jclardy Avatar
133 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.
Score: 16 Votes (Like | Disagree)
ChazUK Avatar
133 months ago
Utter bastards.

I'm not a fan of this whole thing at all.
Score: 15 Votes (Like | Disagree)
dashiel Avatar
133 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
Score: 14 Votes (Like | Disagree)

Top Stories

REC ASA CODE2016 20160601 205816 2745

Elon Musk Reportedly Demanded to Become Apple CEO as Part of Potential Tesla Acquisition [Update: Musk Denies]

Friday July 30, 2021 9:04 am PDT by
Tesla CEO Elon Musk reportedly once demanded that he be made Apple CEO in a brief discussion of a potential acquisition with Apple's current CEO, Tim Cook. The claim comes in a new book titled "Power Play: Tesla, Elon Musk and the Bet of the Century," as reviewed by The Los Angeles Times. According to the book, during a 2016 phone call between Musk and Cook that touched on the possibility of ...
General Apps Messages

Android iMessage Competitor Puts Pressure on Apple

Friday July 30, 2021 3:15 am PDT by
Google and the three major U.S. carriers, including Verizon, AT&T, and T-Mobile, will all support a new communications protocol on Android smartphones starting in 2022, a move that puts pressure on Apple to adopt a new cross-platform messaging standard and may present a challenge to iMessage. Verizon recently announced that it is planning to adopt Messages by Google as its default messaging...
iPhone 13 Always On Feature

iPhone 13 to Bring Over a Major Feature From the Apple Watch

Wednesday July 28, 2021 2:21 am PDT by
Apple's upcoming iPhone 13 lineup will feature an always-on display akin to the Apple Watch Series 5 and Series 6, according to recent reports. In his weekly Power On newsletter, Bloomberg journalist Mark Gurman, who often reveals accurate insights into Apple's plans, said that the iPhone 13 may feature an Apple Watch-inspired always-on mode. The Apple Watch Series 5 and Apple Watch...
duracell battery bitter coating

Apple Says Don't Buy AirTag Replacement Batteries With Bitter Coating

Wednesday July 28, 2021 11:08 am PDT by
Since AirTags were just released earlier this year and are expected to have a year-long battery life, it may be some time yet before AirTag users need a replacement battery, but when the time comes for a refresh, Apple is warning customers not to buy batteries with a bitter coating. AirTags use coin-shaped CR2032 batteries, which happen to be a size that's easy to swallow. Some battery...
a15 chip

iPhone 13 and Redesigned MacBook Pro Chip Production Hit With Gas Contamination

Friday July 30, 2021 5:44 am PDT by
The most important TSMC factory that manufactures Apple's chips destined for next-generation iPhone and Mac models has been hit by a gas contamination, according to Nikkei Asia. The factory, known as "Fab 18," is TSMC's most advanced chipmaking facility. TSMC is Apple's sole chip supplier, making all of the processors used in every Apple device with a custom silicon chip. Industry...
apple rtp land

Apple Preparing to Occupy 200,000 Square Feet of Temporary Space Ahead of New $1 Billion North Carolina Campus

Thursday July 29, 2021 9:14 am PDT by
Back in April, Apple announced a $430 billion investment over the next five years to create more than 20,000 new jobs as the company continues to expand. One significant piece of that plan is a new engineering and research center in North Carolina where Apple will be investing over $1 billion and hiring at least 3,000 employees. Assemblage of seven properties in Research Triangle Park owned by ...
Apple Leak Feature

Apple Demands Leaker Reveals Sources Under Threat of Being Reported to Police

Wednesday July 28, 2021 6:53 am PDT by
Apple has sent a cease and desist letter to a leaker based in China as part of its continuing attempts to curtail leaks of unreleased products, according to Vice. A Chinese citizen who shared images of stolen Apple prototypes on social media was sent a warning letter from Fangda Partners, Apple's law firm in China, on June 18, 2021. An extract from the letter read:You have disclosed without ...
macos monterey tidbits feature copy

Apple Releases New macOS 12 Monterey Public Beta

Wednesday July 28, 2021 10:19 am PDT by
Apple today seeded the third public beta of the macOS 12 Monterey beta to public beta testers, allowing non-developers to test the new macOS Monterey software ahead of its public release. The third beta comes two weeks after Apple released the second macOS Monterey public beta. Public beta testers can download the macOS 12 Monterey update from the Software Update section of the System...
iOS 15 General Feature Purple

Apple Releases New Public Betas of iOS 15, iPadOS 15, watchOS 8, and tvOS 15

Wednesday July 28, 2021 10:16 am PDT by
Apple today seeded the third betas of iOS and iPadOS 15 to public beta testers, allowing non-developers to download and test the new updates ahead of their fall release. The third public betas come two weeks after Apple released the second public betas. Public beta testers who have signed up for Apple's beta testing program can download the iOS and iPadOS 15 updates over the air after...
nothing ear 1 buds 1

Nothing 'Ear (1)' True Wireless Earbuds Launch to Take on AirPods Pro With ANC and Unusual Design for $99

Tuesday July 27, 2021 7:57 am PDT by
Nothing, a new brand from OnePlus founder Carl Pei, has today officially launched the "Ear (1)" true wireless earbuds after months of anticipation around the company's AirPods Pro rival. The Ear (1) features an in-ear design, Active Noise Cancelation, Bluetooth 5.2, IPX4 water resistance, and a charging case with Qi-compatible wireless charging and a USB-C port. Fast pairing is supported on...