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Lodsys explains in-app patent warning letters sent to iOS developers

thenextweb.com

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Re: Lodsys explains in-app patent warning letters sent to iOS developers

#31

Post by brandall10 »

dododo wrote: post #3

here's the actual explanation from lodsys: http://www.lodsys.com/blog.html they mention apple, google, microsoft have some sort of license from them, i wonder if the relatively low cost of a license is the reason: http://www.lodsys.com/1/post/2011/05/q-what-are-you-charging... i.e., cheaper to just pay them off than fight it.

I wonder if they disclosed to Apple et al. that they would also be pursuing licensing from their developer base.

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#32

Post by robinduckett »

nh wrote: post #16

patent in question: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sec...

Why do people never put god damn paragraphs in these things?

IANA Software Patent Lawyer, but I see no mention of initiating sale of a sub product through a product application. (i.e. In-App Purchases). I only see a vauge description of listing products to purchase. If that's the case, surely every e-commerce site, app, online grocery list, falls under this patent. Surely there are things that predate this patent that could be used as prior art?

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#33

Post by amosson »

zexvux wrote: post #21

I have an idea. If the patents were created to protect inventors, why just not forbid of any sale of patents to the third parties. The patent cannot be sold or inherited period.

The ability to sell patents give investors some downside protection when funding a startup. Every VC I've ever pitched to asks - "What's patentable". If you don't end up making money off selling a product / service, at least there is the hope of selling a "asset"

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#34

Post by dodo53 »

There needs to be a cash penalty for people bringing frivolous patent claims - and that money should be awarded to the defendant. Then you could get no-win-no-fee laywers defending collections of small devs against claims they think are unlikely to win but which the devs couldn't afford to defend against.

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#35

Post by flipbrad »

zexvux wrote: post #21

I have an idea. If the patents were created to protect inventors, why just not forbid of any sale of patents to the third parties. The patent cannot be sold or inherited period.

Assignment of IP to the employer is presumably a clause in just about every employment contract any founder ever imposes on new recruits to their startup - on pain of them leaving and trying to hold the startup hostage over their contributions. What you're suggesting, I fear, is just too blunt. What about a bad faith doctrine, forbidding NPEs (non practising entities, aka trolls) from enforcing a patent - only those who exploit their IP in-house can enforce their monopoly against others? Or, alternatively, linking one supposed purpose of patent protection - disclosure of ideas to the world (I gather that incentivisation to innovate is another) - to the ability to sue. So for example, only patents that are cited as prior art in future applications can be enforced against third parties. Evidently, making the 'obviousness' and inventive step blocks to patent granting more potent should be the first step considered. Who loses, exactly, by making patents harder to get? Can't IP advocates accept that this would make creators strive to be more creative or innovative?

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#36

Post by bitsm »

nh wrote: post #16

patent in question: http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sec...

How does this not also cover every web browser in existence? This seems to cover any networked communications system. Analytics and online ads would seem to be especially vulnerable.

All I can see is this guy is really good at writing patents. If you can't beat em, bury them in citations and they'll think you know what you're doing.

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#37

Post by orangecat »

phonehome wrote: post #25

I'm on the fence with patents... overall I think the response by Lodsys is reasonable and if their license fees are as the article states, then it should not be to much of a burden to developers. My guess is Apple financially works out something with Lodsys so all iOS apps are extended a license.

And when 50 other trolls come out from under their bridges with equally vacuous patents, each demanding a "reasonable" half percent? Nope, the developers and/or Apple need to crush these guys and burn their village to the ground.

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#38

Post by runjake »

phonehome wrote: post #25

I'm on the fence with patents... overall I think the response by Lodsys is reasonable and if their license fees are as the article states, then it should not be to much of a burden to developers. My guess is Apple financially works out something with Lodsys so all iOS apps are extended a license.

I have a hard time using reasonable in a sentence along with any company who's sole purpose is to buy up vague patents and sue or bully companies into licensing "their" technologies.

But that's just me.

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#39

Post by surfingdino »

schrototo wrote: post #14
reitzensteinm wrote: post #11

I've been kicking an idea around in my head for a while, although I've got no idea if it's viable or not. But it seems like it could put a stop to this kind of a thing. Basically, it would be a non profit organization that accepts donations of patents by hackers, and uses them to sue only companies that themselves have used patents offensively. Blatant patent trolls could also become targeted for life at future busin…

The problem being: patent trolls like Lodsys LLC do not actually create anything. There's nothing to countersue over.

How about getting a patent of the act of filing a lawsuit and suing those asses to oblivion?

Re: Lodsys explains in-app patent warning letters sent to iOS developers

#40

Post by sehugg »

reitzensteinm wrote: post #11

I've been kicking an idea around in my head for a while, although I've got no idea if it's viable or not. But it seems like it could put a stop to this kind of a thing. Basically, it would be a non profit organization that accepts donations of patents by hackers, and uses them to sue only companies that themselves have used patents offensively. Blatant patent trolls could also become targeted for life at future busin…

It seems much easier just to petition the USPTO to re-examine the worst-offending patents, like the EFF's Patent-Busting project: http://w2.eff.org/patent/wp.html
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