Lodsys Targets Disney's 'Where's My Water?' and Others in New Round of Lawsuits Over In-App Purchasing

For nearly two years, we've been following the saga of patent troll Lodsys, which has been demanding licenses from and filing lawsuits against developers over in-app purchasing and related functionalities in their apps.

Apple quickly stepped in on behalf of iOS developers when the situation first arose in May 2011, claiming that its existing license with Lodsys covered developers using iOS development tools, and nearly a year ago Apple was granted limited permission to intervene in lawsuits filed against developers by Lodsys. While Lodsys initially focused on small developers, it did expand its scope to take on gaming heavyweights such as EA, Rovio, and Atari.

lodsys_logo_2012
News has been relatively quiet on the Lodsys front for the past year, although the firm did announce last October that a key claim of one of its patents had been upheld following reexamination and tout that it was achieving significant licensing momentum with over 150 companies already signed up to license some or all of the firm's four patents. Many of these firms are small developers who likely felt that taking out a license was a safer solution than trying to fight a lawsuit against Lodsys.

We've heard that Lodsys has continued to send out notices to app developers over the last few months, and yesterday the firm took on another big name in the industry by filing suit against Disney. As with many of the firm's other lawsuits, Lodsys is citing its '565 and '078 patents in alleging that Disney's apps, including the popular Where's My Water?, contain infringing functionality.

On information and belief, Disney manufactures, uses, sells, imports, and/or offersto sell infringing products and/or services — including but not limited to Disney’s applications such as Where’s My Water? — which infringe at least claims 1, 15, and 27 of the ‘565 patent under 35 U.S.C. § 271.

Prior to filing this complaint, Lodsys informed Disney of the patents-in-suit and offered to enter into a licensing arrangement that would allow Disney to continue practicing the inventions claimed in patents-in-suit. Disney, however, chose not to enter into a licensing agreement. Instead, with knowledge of the patents-in-suit and disregard for Lodsys’ patent rights, Disney chose to continue its infringement. On information and belief, Disney continued its infringement despite an objectively high likelihood that its actions constituted infringement of a valid patent (i.e., the ‘565 patent). Disney was made aware and, therefore, knew of the risk that it infringed the ‘565 patent. Accordingly, Disney acted knowingly, willfully, and with intent to infringe the patents-in-suit.

wheres_water_cranky
The lawsuit against Disney is just one of ten filed against app developers by Lodsys over the past several days, with other targets including major iOS developer Gameloft and Paper Toss and DragonVale developer Backflip Studios. Also targeted is TLA Systems, which consists of PCalc developer James Thomson, who was among the first to speak up about threats by Lodsys nearly two years ago.

pcalc_store
Lodsys now touts that over 200 companies hold for its patents, and it seems to be ramping up efforts to expand that number even further, using new lawsuits to pressure developers who have declined to enter into licensing agreements so far.

Lodsys is targeting not only app developers with its efforts, but also other companies such as major retailers Nordstrom, Burberry, and Godiva. In recent months, Lodsys has filed additional lawsuits against other companies including SanDisk, Volkswagen, Crocs, Dr Pepper Snapple, General Motors, and HP, demonstrating the broad range of companies being targeted by the effort.

It is currently unclear exactly where things stand with Apple's efforts to defend its developers from threats by Lodsys, but Lodsys has clearly been emboldened by its licensing and patent challenge successes and is continuing to take aggressive steps to capitalize on its patent holdings.

Popular Stories

iPhone Air

Report: 'Virtually No Demand' for iPhone Air

Wednesday October 22, 2025 3:22 am PDT by
Apple is "drastically" cutting production of the iPhone Air and shifting focus toward the iPhone 17 and iPhone 17 Pro models, Nikkei Asia reports. The business publication claims to have learned of a major cut to iPhone Air production motivated by weaker-than-expected consumer interest, nearly to "end of production levels." Despite early reports of the iPhone Air selling out within hours of...
ios 26 1 liquid glass opaque

iOS 26.1 Beta 4 Lets Users Control Liquid Glass Transparency with New Toggle

Monday October 20, 2025 10:57 am PDT by
With the fourth betas of iOS 26.1, iPadOS 26.1, and macOS 26.1, Apple has introduced a new setting that's designed to allow users to customize the look of Liquid Glass. The toggle lets users select from a clear look for Liquid Glass, or a tinted look. Clear is the current Liquid Glass design, which is more transparent and shows the background underneath buttons, bars, and menus, while tinted ...
sam sung auction

Former Apple Employee Sam Sung Changed His Name to Avoid Attention

Wednesday October 22, 2025 4:44 pm PDT by
Back in 2012, an Apple retail employee named Sam Sung went viral because his name is similar to Samsung, one of Apple's main competitors. In a recent interview with Business Insider, he detailed that period in his life, how Apple responded, and he explained why he ultimately changed his name. Someone posted an image of Sung's Apple business card on Reddit in 2012, and it spread rapidly....
cadillac lyric infotainment

GM to Remove CarPlay from All Future Vehicles, Including Gas Cars

Wednesday October 22, 2025 11:34 am PDT by
General Motors began phasing out support for CarPlay in its electric vehicles back in 2023, leading to complaints from iPhone users, but the company has no plans to back down. In fact, GM is going further and plans to remove CarPlay from all future gas vehicles, too. In an interview with The Verge, GM CEO Mary Barra said that the company opted to prioritize its platform for EVs, but the...
All Screen iPhone 2027 Feature 1

Apple's Plan to Launch Three New iPhone Designs Allegedly Revealed

Wednesday October 22, 2025 6:24 am PDT by
Apple plans to launch a new type of iPhone every year for the foreseeable future, according to an Asia-based source. The detailed information was shared by the account "yeux1122" in a blog post on the Korean platform Naver, citing domestic trend and component research companies. Corroborating other reports, Apple will apparently launch its first foldable iPhone in 2026, featuring a...
iOS 26

iOS 26.1 Coming Soon With These 8 New Features for Your iPhone

Wednesday October 22, 2025 6:15 am PDT by
The upcoming iOS 26.1 update includes a handful of new features and changes for iPhones, including a toggle for changing the appearance of the Liquid Glass design, "slide to stop" for alarms in the Clock app, and more. iOS 26.1 is currently in beta testing. The update will likely be released in the first half of November, and it is compatible with the iPhone 11 series and newer, but some...
maxresdefault

Here's How the iOS 26.1 Transparency Toggle Changes Liquid Glass

Monday October 20, 2025 1:55 pm PDT by
With the fourth beta of iOS 26.1, Apple added a toggle that makes Liquid Glass more opaque and reduces transparency. We tested the beta to see where the toggle works and what it looks like. Subscribe to the MacRumors YouTube channel for more videos. If you have the latest iOS 26.1 beta, you can go to Settings > Display and Brightness to get to the new option. Tap on Liquid Glass, then...
iOS 26 Feature

iOS 26.1 to iOS 26.4 Will Add These New Features to Your iPhone

Saturday October 18, 2025 11:00 am PDT by
iOS 26 was released last month, but the software train never stops, and iOS 26.1 beta testing is already underway. So far, iOS 26.1 makes both Apple Intelligence and Live Translation on compatible AirPods available in additional languages, and it includes some other minor changes across the Apple Music, Calendar, Photos, Clock, and Safari apps. More features and changes will follow in future ...
iOS 26

What's New in iOS 26.1 Beta 4

Monday October 20, 2025 1:02 pm PDT by
Even though we're at the fourth beta of iOS 26.1, Apple is continuing to add new features. In fact, the fourth beta has some of the biggest changes that we'll get when iOS 26.1 releases to the public later this month. We've rounded up what's new below. Liquid Glass Transparency Toggle Apple added a toggle for customizing the look of Liquid Glass. In Settings > Display and Brightness,...

Top Rated Comments

Rudy69 Avatar
164 months ago
That's AWESOME! Finally they have bitten more then they can chew. I hope Disney will put these trolls out of business. They're really hurting indie developers :/
Score: 26 Votes (Like | Disagree)
Mousse Avatar
164 months ago
I'm rooting for Lodsys on this one. I hope the win and in-app purchasing dies because no one wants to license it.
Score: 18 Votes (Like | Disagree)
Serelus Avatar
164 months ago
Till this day, I do not understand how Patent Trolling is not illegal in the united states, how about simply forbidding these kind of practices? If you're not planning on contributing to the product, you don't get the patent. If you plan on contributing to that product but you haven't done so for at least 5 years.. your patents are revoked, simple as that... WHY this is still a problem in the US is beyond me.
Score: 16 Votes (Like | Disagree)
lifeinhd Avatar
164 months ago
I love how Lodsys is described in the article-- on a site known for its objectivity-- as being a "patent troll." No shame whatsoever :D
Score: 16 Votes (Like | Disagree)
jav6454 Avatar
164 months ago
Good luck against Disney.
Score: 15 Votes (Like | Disagree)
DirtySocks85 Avatar
164 months ago
I think either of these quotes sum this up rather well:

"I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve." - Admiral Isoroku Yamamoto, Tora! Tora! Tora!

"I've made a huge mistake" - Arrested Development

----------

I love how Lodsys is described in the article-- on a site known for its objectivity-- as being a "patent troll." No shame whatsoever :D

Well, it would be a different story if Lodsys were legally fighting Apple on this, but they aren't. They "licensed" the patent to Apple, and then turned around and starting filing lawsuits against all of the developers that were using the Apple license. This reeks of planned malevolence from the start.
Score: 8 Votes (Like | Disagree)