Patent holding company Lodsys is going ahead with its plan to sue several iOS developers for allegedly infringing on a patent that the company holds, despite Apple stepping to say that their license agreement covers its developers. Several developers have had cases filed against them early, apparently in response to “Apple’s threat, in order to preserve its [Lodsys’] legal options”.
Lodsys have also targeted several Android developers for the same reason, alleging that they are infringing on a patent related to in-app purchasing. Both Google and Apple have licensed these patents from Lodsys but the Texas-based company maintains that these license agreements do not cover use by third-party developers. A portion of a recent blog post reads “On May 22nd, Apple’s chief lawyer Bruce Sewell unequivocally announced that Apple’s license to the Lodsys patents gave Apple’s 3rd party developers complete and “undisputable” freedom to use the covered inventions without paying royalties or fearing lawsuits. There was a very positive reaction in the press and blogs. Apple appeared to give the Developer community what they wanted. Unfortunately for Developers, Apple’s claim of infallibility has no discernable basis in law or fact.”
Lodsys have posted a load of information on their blog defending their position in response to the mostly bad press they have been getting. They have also issued a challenge to developers who have been targeted, saying “Lodsys offers to pay $1,000 to each entity to whom we have sent an infringement notice for infringement on the iOS platform, or that we send a notice to in the future, if it turns out that the scope of Apple’s existing license rights apply to fully license you with respect to our claim relating to your App on Apple iOS.”
Lodsys fits the format of patent trolling by conducting litigation around a software patent that the company holds, seeming without ever having developing technology around that patent. Lodsys also does not appear to like the label ‘patent troll’, saying “For many people, it is easier to call Lodsys and other rights holders names for trying to be compensated for their rights, within a system that is established and known, than it is to consider one’s own responsibility, or the promises and motivations of the platform provider”.
Brett Venter
