Lodsys Patents Under Attack as Legal Challenge to Their Validity Commences

lodsys wordmark
FOSS Patents reports that Lodsys, the company that has begun filing lawsuits against App Store developers for implementing in app purchases and upgrade links, now finds itself on the receiving end of legal action. According to the report, a Michigan firm has filed a request for declaratory judgment regarding the validity of the four patents Lodsys is using in its own lawsuits. While a declaratory judgment against Lodsys would not automatically invalidate the firm's patent claims, it would set the legal framework for further challenges and negotiations both in and out of court.

Yesterday, the aforementioned Michigan company -- ForeSee Results, Inc. -- filed a proactive declaratory judgment action against all four Lodsys patents. In that complaint, ForeSee Results Inc. said that Lodsys had "threatened assertion" of one or more of its four patents against ForeSee's customers. Foresee names three examples of customers that received letters from Lodsys:

- Adidas (I have published that assertion letter on Scribd so you can take a look at it; it includes a claim chart that looks similar as the ones that many app developers received, though it relates to a different patent)

- Best Buy

- WE Energies

The report notes that the move is a preemptive strike by ForeSee Results, as its initial filing in Illinois could allow it to have any future lawsuits filed against the named companies transferred there instead of being adjudicated in the patent holder-friendly courts of the Eastern District of Texas where Lodsys has been filing its suits so far. And while the legal challenge to Lodsys' patents does not directly include the App Store developers targeted by the firm, a win for ForeSee Results could help bolster the developers' cases should a verdict come soon enough.

Top Rated Comments

CindyRed Avatar
168 months ago
The American Way

Validity schmalidity. Thomas Edison taught us all you don't have to invent anything to be considered an inventor. Just patent EVERYTHING, sue people who actually do the inventing, lather, rinse, repeat. That is the American way! To question validity of a patent is to question the patent system itself, and force real innovation.
Score: 5 Votes (Like | Disagree)
jav6454 Avatar
168 months ago
Lodsys just opened the Pandora's box of patents. Hope they like it.
Score: 4 Votes (Like | Disagree)
ComputersaysNo Avatar
168 months ago
This is what happens when you are seriously uncool.
Score: 3 Votes (Like | Disagree)
miografico Avatar
168 months ago
I find it interesting that at the state level, Texas feels the same way (http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2011/05/24/senate_approves_loser_pays_ref.html?cxntfid=blogs_postcards).

For those of you who ask why go to East Texas for this, think about the type of cases that make it to the Ninth Circuit court. I make no comment on the merit of any of the cases, but you will see a radical difference. Venue shopping all around.
Well, the big guys pull the same BS with district shopping - it's not just patent trolls.

Patents in general are an affront to the free market. We are led to believe that who gets to market with their invention/idea first is the victor and that is simply not the case. It's 20% the invention itself, 20% it's economic value based upon cost to produce/retail price and 60% how good you are at marketing it to your consumer.

The patent system started off as with noble intentions, but today they have two uses: for mega conglomerates to stifle inovation and for patent holding companies to simply use them as tradable securities.

I understand that everyone here does not have a degree in engineering, but do not be fooled by the propaganda rhetoric that something is a miraculous invention/piece of engineering. If I look at your mechanical arm and I say to myself if I change, this, this, this and this to make it better - how is that your invention anymore? It's not but chances are if mine is better than the original product of a major corporation - I am going to get sued.

It's more extreme in cases of software. You can make the argument that nothing has the originality in software to be able to be granted a patent -based upon the source of all software having the same root: binary. If I am not able patent an invention on top of your invention why am I able to patent software on top of an already prescribed subsystem?
Score: 2 Votes (Like | Disagree)
SeanMcg Avatar
168 months ago
...This case is a perfect example of the need for tort reform and the mandatory restitution of legal fees in class action lawsuits by the losing party. Until that happens the US is going to continue on a downward momentum as a safe place for inovation, but unfortunately when we time after time vote for politicians who are ex-lawyers we reap what we sow.

I find it interesting that at the state level, Texas feels the same way (http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2011/05/24/senate_approves_loser_pays_ref.html?cxntfid=blogs_postcards).

For those of you who ask why go to East Texas for this, think about the type of cases that make it to the Ninth Circuit court. I make no comment on the merit of any of the cases, but you will see a radical difference. Venue shopping all around.
Score: 2 Votes (Like | Disagree)
Mike Oxard Avatar
168 months ago
Why are some courts more patent-holder friendly? I guess the law can be open to some interpretation, but for one area to be consistently used to bring these patent cases does sound a lot like there are backhanders being made.
Score: 2 Votes (Like | Disagree)

Popular Stories

maxresdefault

Apple Announces 'Let Loose' Event on May 7 Amid Rumors of New iPads

Tuesday April 23, 2024 7:11 am PDT by
Apple has announced it will be holding a special event on Tuesday, May 7 at 7 a.m. Pacific Time (10 a.m. Eastern Time), with a live stream to be available on Apple.com and on YouTube as usual. The event invitation has a tagline of "Let Loose" and shows an artistic render of an Apple Pencil, suggesting that iPads will be a focus of the event. Subscribe to the MacRumors YouTube channel for more ...
Apple Vision Pro Dual Loop Band Orange Feature 2

Apple Cuts Vision Pro Shipments as Demand Falls 'Sharply Beyond Expectations'

Tuesday April 23, 2024 9:44 am PDT by
Apple has dropped the number of Vision Pro units that it plans to ship in 2024, going from an expected 700 to 800k units to just 400k to 450k units, according to Apple analyst Ming-Chi Kuo. Orders have been scaled back before the Vision Pro has launched in markets outside of the United States, which Kuo says is a sign that demand in the U.S. has "fallen sharply beyond expectations." As a...
iOS 17 All New Features Thumb

iOS 17.5 Will Add These New Features to Your iPhone

Sunday April 21, 2024 3:00 am PDT by
The upcoming iOS 17.5 update for the iPhone includes only a few new user-facing features, but hidden code changes reveal some additional possibilities. Below, we have recapped everything new in the iOS 17.5 and iPadOS 17.5 beta so far. Web Distribution Starting with the second beta of iOS 17.5, eligible developers are able to distribute their iOS apps to iPhone users located in the EU...
iPad And Calculator App Feature

Apple Finally Plans to Release a Calculator App for iPad Later This Year

Tuesday April 23, 2024 9:08 am PDT by
Apple is finally planning a Calculator app for the iPad, over 14 years after launching the device, according to a source familiar with the matter. iPadOS 18 will include a built-in Calculator app for all iPad models that are compatible with the software update, which is expected to be unveiled during the opening keynote of Apple's annual developers conference WWDC on June 10. AppleInsider...
iPhone 15 Pro FineWoven

Apple Reportedly Stops Production of FineWoven Accessories

Sunday April 21, 2024 6:03 am PDT by
Apple has stopped production of FineWoven accessories, according to the Apple leaker and prototype collector known as "Kosutami." In a post on X (formerly Twitter), Kosutami explained that Apple has stopped production of FineWoven accessories due to its poor durability. The company may move to another non-leather material for its premium accessories in the future. Kosutami has revealed...
apple vision pro orange

Apple Vision Pro Customer Interest Dying Down at Some Retail Stores

Monday April 22, 2024 2:12 am PDT by
Apple Vision Pro, Apple's $3,500 spatial computing device, appears to be following a pattern familiar to the AR/VR headset industry – initial enthusiasm giving way to a significant dip in sustained interest and usage. Since its debut in the U.S. in February 2024, excitement for the Apple Vision Pro has noticeably cooled, according to Bloomberg's Mark Gurman. Writing in his latest Power On...