Apple takes Lodsys patent fight to court

Business

A few weeks back, a patent-holding company called Lodsys began contacting developers and asking them to cough up money for using their in-app purchasing technology without a license. Apple intervened briefly and said that its developers are covered under its own license, but now the company has taken the matter to court with an official movement to intervene. The motion officially states:

Apple Inc. hereby respectfully moves to intervene as a defendant and counterclaim plaintiff in the above-captioned action brought by plaintiff Lodsys, LLC against seven software application developers for allegedly infringing U.S. Patent Nos. 7,222,078 and 7,620,565. Apple seeks to intervene because it is expressly licensed to provide to the Developers products and services that embody the patents in suit, free from claims of infringement of those patents.

Hit the jump for more of the back story.

Apple’s move is in addition to a separate suit from ForSee Results, which filed a declaratory lawsuit against Lodsys on June 10th. Lodsys has remained inexorable in its belief that developers are in debt. “We stand firm and restate our previous position that it is the 3rd party Developers that are responsible for the infringement of Lodsys’ patents and they are responsible for securing the rights for their applications,” Lodsys said in a recent statement. Lodsys has also targeted Android developers, but we have yet to hear what Google’s role in this battle will be.

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24 Comments
  • Anonymous

    APPLE GOOD!!!! ANDROID BAD!!!!

  • Guest

    Apple is defending their own money.. I dont see nothing Good/Bad.. :D

    • http://twitter.com/simoncabron Simon Cabron

      They’re using their money to defend their developers. Apple is in the clear on this, they just think what Lodsys is doing is unfair, so they’re putting their muscle behind it. Jumping in this lawsuit will cost them more than it would have if they just ignored it and let the developers fend for themselves. That would’ve been bad PR though.

  • http://twitter.com/simoncabron Simon Cabron

    Your move, Google.

  • Anonymous

    While I realize Apple is protecting their own interest – I hope Apple buries Lodsys.  I can’t stand patent troll companies or companies that have the money to take Legal action against a person/small business because they know the person/small business can’t afford to defend itself in court.

  • Anonymous

    none of this would be happening if there were no such things as patents. imagine all of the competition and where we would be in the world if every idea was open to everyone. the thought of patenting an idea is just ridiculous.

    • Anonymous

      Alright so if you invent some super duper wonderful widget, then I can just steal the idea, have it manufactured more cheaply, and drive you out of business.

      Let’s not be silly here. Patents most definitely have their place. However, controls really need to be in place with regards to software patents and non-developing patent holders (ie trolls)

      • Anonymous

        nobody owns any idea. that’s ridiculous. we all have the brain capacity to come up with things. the only question is, does it matter who comes up with it first? and my answer is no.

      • Anonymous

        I respectfully disagree. If you come up with something new that hasn’t been on the market before, you should have some protection against others coming in and stealing it.

        Otherwise big companies would just get bigger (because they came in and swiped your idea and had the capacity to make it cheaper than you), while the small up and comer would just get crushed.

      • Anonymous

        Wow, you’re altruistic and naive.

      • Tony

        you must be poor.  poor people always want everything to be free.  if you had an idea that helped you not be as poor as you sadly must be im sure you’d be thrilled if the next day someone copied the exact idea and caused you to be poor…..again………….like you so obviously are……….poor hippie.

      • Anonymous

        @Tony How is it up there on that high horse? I hope you fall off and break your nose. How can you honestly talk down to someone because you *think* they might be poor? My opinion is a political one. It has nothing to do with my economic status (which you know nothing about). But you keep on attacking poor people, you piece of crap.

      • Anonymous

        @Rick That’s a good point, but at the same time, if things were all open there would be much more competition. It wouldn’t really matter how much money a company has if there are 50 others making the same thing. I’m not saying that patents are completely bad. I’m just saying that they are abused and taken advantage of. And that ultimately hurts smaller companies that don’t have the resources to fund research and innovation. I think for the good of society as a whole, it would be better to have everything up for grabs. Look at what patents have done to our medical system. AIDS medication costs well over $1000/month. 

      • Anonymous

        @Pendergast “Generic statement without anything to back it up. I disagree with you so I’ll call you naive.” /mocking Pendergast

      • Tony

        @tn7871 Its absolutely fantastic up here!  Dude!  You should TOTALLY give it a shot……..oh wait………………can you not afford a high horse?  poor hippie

      • Anonymous

        @Tony Morally bankrupted person. There is a special place in hell for people like you. You *may* get ahead in life, but you won’t actually accomplish anything. You can’t truly be happy while looking down on other people. It’s really a shame. I’ll be over here loving others regardless of their race, gender, economic status, etc. Wish you could join. P.S. You still don’t know anything about me or how much money I may or may not have.

      • Anonymous

        @tn7871 I wasn’t making a generic statement. It would be wonderful if all ideas were open. But you’re being altruistic. It’s like believing in capitalism without any rules. You know the result? Standard Oil.

        Lack of regulation in the banking industry? Hmmm….

        Lacking patents, big corporations would simply snap up good ideas without rewarding the inventor at all. Being huge conglomerates, economies of scale would mean that they could sell something cheaper than smaller companies ever could.

        Patent laws need to be reformed, as they are currently too vague and facilitate patent trolls who never bring a product to market, similar to web domain squatters. But suggesting no patents would be better is naive.

      • Tony

        @tn7871 the important thing to remember is that no matter what I type here, or whatever your rebuttals are…..you’re still going to be poor……a special kind of poor…………….hippie poor. 

      • Anonymous

        Why invent something if someone else can come right along and just take what you thought up???  You end up with NOTHING!!!   There should be a reasonable Expiration Date.  Say 10 years.  There’s a lot of things though that should have never had a Patent.

    • http://www.facebook.com/logan.schmidt2 Logan Schmidt

      There needs to be patents.  Price would be the only thing differentiating products otherwise.  No money would go into developing new products because if one company comes out with a new product all other companies could just steal it exactly as is and save tons of resources.  So eventually no companies would develop new products because they would know their competition would just steal it instantly, almost immediately leveling the playing field, therefore wasting all of their efforts to get ahead.  Start ups wouldn’t exist anymore because there is no way a small up and coming company would be able to compete with a larger company on price once the larger company steals the product and puts their own logo on it.

  • Anonymous

    Normally I like to cheer for the underdog, but this is one case where I have no problem rooting for Goliath (Apple).

  • Anonymous

    Wow OK man I never thought about it like that before.

    http://www.online-privacy.no.tc

  • http://twitter.com/msbpodcast msbpodcast

    Its such a obvious shakedown by a societal parasite.

    Patent Trolls like Lodsys don’t deserve to exist.

    I blame Reagan who made the patent system into a profit center for the US government.

    (Its like the spam by WizXoo which has a non-content related comment giving a link to their site.)

  • Doggerel

    It took the guy that invented the intermittent windshield wiper more than 20 years to win his fight against Detroit.  Many (most?) great ideas are invented in garages, not labs.  These guys need protection or they just get killed.

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