Lodsys Patent Invalidation Efforts: Apple Barred? $15,000 Bounty for Crowdsourced Research - MacRumors
Skip to Content

Lodsys Patent Invalidation Efforts: Apple Barred? $15,000 Bounty for Crowdsourced Research

Lodsys, the patent holding company currently taking on App Store developers over their use of in app purchasing and upgrade buttons, is under increasing attack as it continues to push forward with its own actions while its targets have begun to fight back. Last week, we noted that the first legal challenge had been brought seeking to invalidate Lodsys' patents, and three other companies, including the parent company of The New York Times, have since filed similar suits against Lodsys.

But while Apple has stepped forward and asked to intervene in Lodsys' case against the App Store developers, arguing that Apple's own license extends to developers using its tools, the company has not joined the effort to have the patents themselves invalidated. FOSS Patents now reports that Apple (and Google, whose developer ecosystem is also being targeted by Lodsys) may actually be barred from challenging the patents by virtue of their licensing agreements already in place with Lodsys.

None of the attorneys I talked to knows the language of the license agreement Apple and Google signed with Intellectual Ventures while the four patents later acquired by Lodsys belonged to that entity. But they and I concur that it's highly likely that Apple and Google are contractually precluded from challenging Lodsys's patents because such license agreements often come with clauses under which a licensee will lose a license once he participates in an effort to invalidate any of the related patents (in addition to possibly having to pay contractual penalties).

So even if Apple and Google had wanted to attack Lodsys's patents proactively, they would have lost their license -- at least to any patent they attack; more likely to all four Lodsys patents; and possibly even to any or all of the more than 30,000 patents they licensed from Intellectual Ventures, a patent aggregator in which those companies (alongside many other industry players) invested.

Consequently, Apple may be limited to simply defending App Store developers with respect to the terms of Apple's licensing, and not able to directly attack the patents themselves.

lodsys invalidation bounties
But that does not mean that Lodsys' patents are safe by any means. In addition to the four invalidation lawsuits already filed against Lodsys, CNET reports that crowdsourcing intellectual property research firm Article One Partners has launched a series of bounties for information on prior art or other issues that could help in the effort to invalidate Lodsys' patents.

Article One Partners, a business that crowdsources intellectual property (IP) research, has launched three new studies into patents held by Lodsys. Each offers a reward to the party that finds prior art, or examples of pre-existing technologies or other IP that could be used as evidence to invalidate one or more of Lodsys' patents.

Each of the three studies carries a $5,000 bounty guaranteed to be paid out to the researchers who submit what is judged to be the "highest quality prior art" to be used in attacking Lodsys' patents.

It is unknown who is funding the bounties on Lodsys' patents, as that information is not disclosed by Article One Partners. Article One is, however, an established company with a community of around one million people participating in crowdsourced intellectual property research on a variety of topics.

Popular Stories

apple pro tell logo

Apple Launching Five New Products Today

Thursday November 5, 2026 12:59 am PST by
Apple is launching five new products on Friday, November 6, following pre-orders that opened last week, including its first touchscreen MacBook Pro models. The following new products will be available from today: iPad mini with OLED display and A20 Pro chip iMac with M6 chip 14-inch MacBook Pro with M6 chip 14-inch MacBook Pro with OLED touchscreen 16-inch MacBook Pro with OLED...
silver iphone 18 pro

Apple Rumored to Drop the iPhone's Action Button Next Year

Friday November 6, 2026 6:07 am PST by
Apple plans to merge the iPhone's Action button with the Camera Control starting next year, according to the leaker known as "Instant Digital." In a new post on Weibo, the leaker claimed that a single press of the combined button would open the camera, while a long press would trigger the function assigned to the Action button. They explicitly clarified that the dedicated Action button would ...
duo aquarium

More Fun iPhone Duo Apps: 30 New Picks to Try

Friday November 6, 2026 3:27 pm PST by
When the iPhone Duo launched, we shared a list of some of the fun apps developers created for the new form factor. Two weeks out, developers are continuing to come up with fresh ideas, so we thought we'd share some of our favorites. Games Marbles Unhinged ($2.99) - Marbles Unhinged is a marble maze designed for the Duo. When you fold it, the floor turns into a ramp. If you stand the top...

Top Rated Comments

0815 Avatar
201 months ago
That raises another question though. Are developers consumers?
In this case yes: technically they are 'consuming' the licensed API.

Basically they are 'buying' a component (where Apple uses licensed parts) from Apple to build into their product. If the component at the root in a production chain is licensed, you can't charge everyone down the road in the production chain for the same thing over and over again (those are just using/consuming that component).
Score: 3 Votes (Like | Disagree)
201 months ago
The thing is, Apple isn't challenging the validity of the patents, they are arguing that developers are licensed for the patents. I don't see the issue right now.
Score: 3 Votes (Like | Disagree)
0815 Avatar
201 months ago
Apple not being allowed to challenge the patent ... that stinks. Didn't know that license agreements can have a stupid clause like that - that should be illegal and every company should always have the right to challenge a patent, no matter if they pay a license fee or not.

Could Apple 'pay' some other company to challenge? Are they allowed to support "Article One Partners"?

At least they are allowed to help their indie developers with the stupid law suit.

Good luck to every company challenging this patent troll - I hope this will be the end of Lodsys.

Lodsys shouldn't have tried to charge a license fee for a license that is already payed for (that is the outrage in my opinion) - as a result of this they turned now every major company against them trying to invalidate their patents leaving them hopefully with nothing (instead of a small something).

Even so mostly small indie developers were targeted (presumable 'easy' targets that can't defend themselves) it is fantastic to see how even big companies are now targeting Lodsys as enemy.
Score: 3 Votes (Like | Disagree)
BornAgainMac Avatar
201 months ago
Lodsys is getting sued by antivirus software maker now. Probably not enough to close them down.

http://news.cnet.com/8301-1023_3-20070941-93/lodsys-sued-by-antivirus-software-maker/
Score: 2 Votes (Like | Disagree)
gnasher729 Avatar
201 months ago
Guys, FOSS patents = Florian Müller = paid Microsoft mouthpiece.

See for example http://iptarget.blogspot.com/2011/06/leverage-if-you-are-threatened-with.html . Title "Leverage If You Are Threatened with Patent Infringement (and why you should ignore FOSSpatents)" At the end of the article: "On a personal note, Florian accused me of being an "anonymous smearer". While I am doing this anonymously, my response still stands: "FYI rebutting factually inaccurate statements does not make me a "smearer", it makes you uninformed"."

There is something that irritates me, to see how giant companies (in this case, Apple) will always have advantage over subjects like these which are, in essence, proving the other side wrong. Apple has a lot of fanboys, and as evidenced by one of the first posts in this thread, people see Lodsys as the 'bad guy' when they are simply fighting for what they think is theirs.
You should probably inform yourself about Lodsys and its patents. See for example http://www.applepatent.com/2011/06/lodsys-hints-from-file-history.html which shows prior art to Lodsys' patent.
Score: 2 Votes (Like | Disagree)
NebulaClash Avatar
201 months ago
This is a distortion of the purpose of patents. We're not talking about poor Lodsys inventing something and then striving to compete with the big, bad corporations who are stealing their intellectual property. They are merely a tiny holding company that owns four patents they bought from Intellectual Ventures (http://en.wikipedia.org/wiki/Intellectual_Ventures), that company founded by Microsoft employees whose business model is to collect as many patents and intellectual property they can get and make money from it all.

Now Lodsys got ahold of these patents and is trying the old Slashdot humor on the world:

1. Buy patents
2. ?????
3. PROFIT!

Of course in this case their "?????" step is to sue the little developer, get them to pay up instead of taking it to court, use that precedent to go after bigger prey, etc. It's simply a business that has nothing to do with protecting ideas and everything to do with getting rich off someone else's ideas.
Score: 2 Votes (Like | Disagree)
Latest Stories
Early Apple Black Friday Deals on Apple Watch, MacBook Air, and More
Early Apple Black Friday Deals on Apple Watch, MacBook Air, and More
4 hours ago
'Backglow' Lets You Customize New MacBook Pro's Glowing Apple Logo
'Backglow' Lets You Customize New MacBook Pro's Glowing Apple Logo
4 hours ago
Top Stories: Apple Product Launches, iOS 27.3 Beta, and More
Top Stories: Apple Product Launches, iOS 27.3 Beta, and More
10 hours ago
More Fun iPhone Duo Apps: 30 New Picks to Try
More Fun iPhone Duo Apps: 30 New Picks to Try
1 day ago
Hands-On With Apple's New OLED Touchscreen MacBook Pro
Hands-On With Apple's New OLED Touchscreen MacBook Pro
1 day ago
Apple Store With All-New Design Opening Soon in Southern California
Apple Store With All-New Design Opening Soon in Southern California
1 day ago
Control the Glowing Apple Logo on Your New MacBook Pro
Control the Glowing Apple Logo on Your New MacBook Pro
1 day ago
Apple Shares New 'Apple Card: Apply and Use in Minutes' Ad
Apple Shares New 'Apple Card: Apply and Use in Minutes' Ad
1 day ago
Apple Says More Than 100,000 Apps Optimized for iPhone Duo, Here's What's Still Missing
Apple Says More Than 100,000 Apps Optimized for iPhone Duo, Here's What's Still Missing
1 day ago
Early Black Friday Deals Kickoff With Steep Discounts on Apple Watch Ultras and More
Early Black Friday Deals Kickoff With Steep Discounts on Apple Watch Ultras and More
1 day ago
The MacRumors Show: iOS 27.3 Looks Like a Huge Update
The MacRumors Show: iOS 27.3 Looks Like a Huge Update
1 day ago
Best Buy's Black Friday Event Begins With Sitewide Savings on Apple, TVs, More
Best Buy's Black Friday Event Begins With Sitewide Savings on Apple, TVs, More
1 day ago
Apple Releasing Yet Another Two New Products Next Week
Apple Releasing Yet Another Two New Products Next Week
1 day ago
MacBook Air Drops to Lowest Price in Months With Amazon's $250 Discount
MacBook Air Drops to Lowest Price in Months With Amazon's $250 Discount
1 day ago
Apple Rumored to Drop the iPhone's Action Button Next Year
Apple Rumored to Drop the iPhone's Action Button Next Year
1 day ago
Apple's Extended Return Policy Now in Effect for 2026 Holiday Season
Apple's Extended Return Policy Now in Effect for 2026 Holiday Season
1 day ago
Apple Music Classical Updated With New Icon and Refreshed Design
Apple Music Classical Updated With New Icon and Refreshed Design
1 day ago
OLED iPad Mini, M6 iMac, and New MacBook Pros Available From Today
OLED iPad Mini, M6 iMac, and New MacBook Pros Available From Today
2 days ago
Apple Surveys iPhone Duo Buyers About Crease and Camera
Apple Surveys iPhone Duo Buyers About Crease and Camera
2 days ago
Apple's First Touchscreen Mac is Now Arriving to Customers
Apple's First Touchscreen Mac is Now Arriving to Customers
2 days ago
Claude Gets Personal Finance Feature With Bank Account Linking
Claude Gets Personal Finance Feature With Bank Account Linking
2 days ago
Apple Arcade Adds Crossy Road Rush and NBA 2K27
Apple Arcade Adds Crossy Road Rush and NBA 2K27
2 days ago
Apple's New HomeView Smart Home Hub: Here's How Much RAM It Has
Apple's New HomeView Smart Home Hub: Here's How Much RAM It Has
2 days ago
iPad Mini vs. iPad Air Buyer's Guide: Now Just $50 Apart
iPad Mini vs. iPad Air Buyer's Guide: Now Just $50 Apart
2 days ago
First iOS 27.3 and macOS Golden Gate 27.3 Public Betas Now Available
First iOS 27.3 and macOS Golden Gate 27.3 Public Betas Now Available
2 days ago
Apple Announces a New Mac Sales Record
Apple Announces a New Mac Sales Record
2 days ago
Paid $200 for Logic Pro? Apple Says You Won't Get This New Feature
Paid $200 for Logic Pro? Apple Says You Won't Get This New Feature
2 days ago
Instagram's Edits Video Editor is Now Available on Mac
Instagram's Edits Video Editor is Now Available on Mac
2 days ago
Prevent Siri and Search From Accessing Specific iPhone Apps
Prevent Siri and Search From Accessing Specific iPhone Apps
2 days ago
Best Early Black Friday Deals on iPhone 18 Pro and iPhone Duo
Best Early Black Friday Deals on iPhone 18 Pro and iPhone Duo
2 days ago