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Lodsys Responds to Apple, Files Lawsuits Against App Developers

macrumors.com

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Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#21

Post by shithead »

brudgers wrote: post #17
smackfu wrote: post #14

It was pretty silly to think Lodsys, which is solely a patent-holding company, would back down just because they got a letter from Apple's lawyers. Lodsys has lawyers too.

I don't think Apple expected Lodsys to back down - they were in negotiations with them afterall [according to Apple's letter]. The letter was intended to encourage developers to continue to develop for Apple's platform. If they had been serious about stopping Lodsys, Apple would have been in court seeking an injunction. However, the downside would have been Apple potentially setting a precedent that established great…

Pussies, not going to bat for their developers. Apple has scores of billions in the bank. Give one of them to a posse of lawyers and tell them "We want to see the Lodsys rubble bounce."

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#23

Post by nhangen »

This is infuriating. I wasn't even given a letter, but I'd be happy to donate money to a central organization, if there is one, ready to fight these assholes.

Patents are bogus, and software patents are even worse. In this case, we're talking about process and not technology. Maybe this is needed to bring light to the issue and perhaps piss Apple off enough that they'll work to invalidate the patent.

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#24

Post by nhangen »

st3fan wrote: post #16

So what exactly is this patent covering? I've heard several things .. the 'Upgrade to Pro Version' buttons, the 'Would you like to rate this app' dialog, and some other things. Does anyone actually know what it exactly is that they are after?

Using a service to sell users on an upgrade, at least from what I understand. It's not just IAP, but using IAP to get people from free to paid.

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#25

Post by Someone »

brudgers wrote: post #17
smackfu wrote: post #14

It was pretty silly to think Lodsys, which is solely a patent-holding company, would back down just because they got a letter from Apple's lawyers. Lodsys has lawyers too.

I don't think Apple expected Lodsys to back down - they were in negotiations with them afterall [according to Apple's letter]. The letter was intended to encourage developers to continue to develop for Apple's platform. If they had been serious about stopping Lodsys, Apple would have been in court seeking an injunction. However, the downside would have been Apple potentially setting a precedent that established great…

IANAL, but is it even possible for Apple to get an injunction, given that they technically/formally are not a party in this case?

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#26

Post by GHFigs »

st3fan wrote: post #16

So what exactly is this patent covering? I've heard several things .. the 'Upgrade to Pro Version' buttons, the 'Would you like to rate this app' dialog, and some other things. Does anyone actually know what it exactly is that they are after?

Their own public description of their patents[1] seems to cover both (and more). However, the example Apple cites in their letter[2] refers to "user feedback":

Once again, Apple provides, under the infringement theories set out in your letters, the physical memory in which user feedback is stored and, just as importantly, the APIs that allow transmission of that user feedback to and from the App Store, over an Apple server, using Apple hardware and software. Indeed, in the notice letters to App Makers that we have been privy to, Lodsys itself relies on screenshots of the App Store to purportedly meet this claim element.

If anybody has a link to an actual notice from Lodsys, that would be the best source.

[1]: http://www.lodsys.com/our-patents.html [2]: http://www.engadget.com/2011/05/23/apple-responds-to-lodsys-...

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#27

Post by sc00ter »

kefs wrote: post #13
benologist wrote: post #5

Earlier quoted context omitted.

Lodsys is already targeting Android developers too. http://www.macrumors.com/2011/05/27/lodsys-also-targeting-an...

I've been curious to see if/how this will affect my proof-of-concept Android app Click It/Click It Gold. I built it within 3 days specifically to test the in-app billing api just after their debut... No word from Lodsys, yet. http://www.kefsco.com/clickit.html

I may have missed it, but why aren't you testing in-app upgrade from Click It to Click It Gold? :o)

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#28

Post by kefs »

sc00ter wrote: post #27
kefs wrote: post #13

Earlier quoted context omitted.

I've been curious to see if/how this will affect my proof-of-concept Android app Click It/Click It Gold. I built it within 3 days specifically to test the in-app billing api just after their debut... No word from Lodsys, yet. http://www.kefsco.com/clickit.html

I may have missed it, but why aren't you testing in-app upgrade from Click It to Click It Gold? :o)

They're both free apps.. The only difference is that clicks in Gold cost $99, as opposed to 99c.

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#29

Post by elithrar »

Edog wrote: post #11
zdw wrote: post #6

Source post here: http://www.lodsys.com/1/post/2011/05/-responsibility-and-acc... Betting $1000/dev that they're right is definitely gutsy.

Of course, they just making an offer, and, like any gift, they are under no obligation to make good on it. If they refused to honor the offer in the event that they lose, they would not likely be worried about their reputation.

It's only what, $8000? A drop in the ocean for Lodsys, and $1000 isn't going to do anything for these developers.

Re: Lodsys Responds to Apple, Files Lawsuits Against App Developers

#30

Post by innernette »

Someone wrote: post #25
brudgers wrote: post #17

Earlier quoted context omitted.

I don't think Apple expected Lodsys to back down - they were in negotiations with them afterall [according to Apple's letter]. The letter was intended to encourage developers to continue to develop for Apple's platform. If they had been serious about stopping Lodsys, Apple would have been in court seeking an injunction. However, the downside would have been Apple potentially setting a precedent that established great…

IANAL, but is it even possible for Apple to get an injunction, given that they technically/formally are not a party in this case?

Apple would not get an injunction, but it could get a declaratory judgment. Apple could get a judgment for invalidity or non-infringement.

You are right though, legally Apple is in a different position from the app developers that are being sued, and that probably poses some problems. The terms of Apple's license with Lodsys might hamstring some of their arguments. Apple might not even have standing to get a judgment of non-infringement. On the other hand, if Apple had filed for declaratory judgment, it could have chosen a venue other than the Eastern District of Texas, the plaintiff-friendly federal court that Lodsys chose.

It's a complicated decision for Apple, and it's more than just choosing to stand up for developers or not. Apple was probably in the process of evaluating the strength of their position when Lodsys rushed the issue to the courthouse.

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