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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

#61

Post by chc »

robinduckett wrote: post #32
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 tha…

Even reasonably specific patents often look overly broad if you don't know how to read them, so that it looks like " surely every e-commerce site, app, online grocery list, falls under this patent." This is one of the things that patent lawyers have over most people.

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

#62

Post by sorbus »

farmer_ted wrote: post #42
nh wrote: post #16

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

This patent describes a system for interactively polling users of a system about their preferences and/or opinions regarding that system's features. The stated intent is to enable users to provide feedback to potentially inform the creator of the system in making decisions on feature enhancements. As with all of these stupid software patents, once you read the details (i.e. beyond the summary), it becomes more appare…

So they've patented surveys.

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

#63

Post by chc »

lotusleaf1987 wrote: post #26

Apple should just sue them back so hard no one will ever think to try this crap again. I prefer them not to pay these scumbags a dime, it would set a precedent that would only encourage more trolls.

Sue them for what? It's not like a fistfight, where you can jus punch the other guy. Lawsuits need to have legal grounds.

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

#64

Post by bconway »

dodo53 wrote: post #34

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.

Texas passed such a bill last week, and others are hoping to take it nation-wide. I'm skeptical on the latter.

http://www.setexasrecord.com/news/235348-loser-pays-bill-pas...

http://www.setexasrecord.com/news/235498-texas-lawmaker-prop...

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

#66

Post by smackfu »

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.

So you ban sales, and instead this company sells itself as a "patent enforcer", makes deals with inventors, and takes a percentage of moneys gained. They can even pay an advance. Practically speaking, this ends up the same as when you can sell them.

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

#67

Post by lotusleaf1987 »

chc wrote: post #63
lotusleaf1987 wrote: post #26

Apple should just sue them back so hard no one will ever think to try this crap again. I prefer them not to pay these scumbags a dime, it would set a precedent that would only encourage more trolls.

Sue them for what? It's not like a fistfight, where you can jus punch the other guy. Lawsuits need to have legal grounds.

They have an army of lawyers, I'm sure they could find something.

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

#68

Post by JoeCortopassi »

schrototo wrote: post #9

"But for an app developer to take a year or two to write an application and to see money from the app, is good fortune built on top of the contributions of the entire shared ecosystem, including independent inventor’s patent outputs such as Abelow’s." [1] Oh give me a fucking break. Yeah, us developers would be utterly lost without the exciting "inventions" of Abelow and Lodsys LLC. [1] http://www.lodsys.com/1/post/2…

The bigger issue, is that the current 'in app purchase' system is mandated by Apple to be the only way purchases can be made for your app.

Apple licensed this technology, mandated it on it's developers, then failed to mention that it required a separate fee to be paid to a third party for use. How is this not getting more notice? Lodsys is evil, no doubt, but what Apple did right there is shady as heck.

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

#69

Post by khafra »

reitzensteinm wrote: post #22
schrototo wrote: post #14

Earlier quoted context omitted.

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

That's the point of the marked for life bit, if it were legal - and it seems like it probably isn't, IANAL etc. But if it were, anyone setting up a patent trolling company would be targeted at future companies as well, which is a very concrete disincentive. Ex patent trolls would basically run the very real risk of being unemployable, and have trouble starting legitimate ventures as well.

If we drop the concerns over legality, what about starting rumors that there's a secret offshore blind trust, contributed to by both deep-pocketed victims of patent trolls and open-source developers. A trust which exists to take the other side of anonymous bets regarding the death or disappearance of patent trolls.

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

#70

Post by othermaciej »

ikono wrote: post #59
schrototo wrote: post #14

Earlier quoted context omitted.

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

Why does the countersuit have to be about patent infringement? Just sue them to be a nuisance. I'm sure Apple's lawyers are good enough to be a thorn in Lodsys' side.

A couple of problems with that:

- Filing a frivolous lawsuit makes the plaintiff liable for the defendant's legal expenses.

- Repeatedly filing frivolous lawsuits can get you labeled as a vexatious litigant, and if labeled as such you need a judge's permission to file even a valid lawsuit.

- Lawyers knowingly participating in frivolous lawsuits or vexatious litigation can be disbarred.

For these reasons, I don't think you will see corporations filing a lot of meritless nuisance lawsuits.

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