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  • Judge Tosses Apple's Motion Allowing Lodsys to Continue its Patent Trolling


    After several ongoing legal threats to iOS developers by the patent holding firm Lodsys, a judge tossed Apple’s original legal challenge of the patent firm, ruling that Lodsys is free to settle all of its cases, according to the folks over at Ars Technica. The following was mentioned regarding the matter:

    Now, after two years of litigation, it's back to square one. The East Texas judge overseeing Lodsys' systematic patent attack on app developers has refused to even consider Apple's motion. Instead, he allowed the patent-holding company to settle all its cases—and then dismissed Apple's motion as moot. By doing so, US District Judge Rodney Gilstrap—who has inherited the patent-happy East Texas court that once belonged to patent-troll favorite T. John Ward—has enabled Lodsys to threaten developers for months, and perhaps even years, to come.
    The legal actions by Lodsys originally started in May 2011 where the firm threatened to sue several App Store developers over in-app purchases and upgrade links. The company claimed that it had a patent to the process which was originally filed in December 2003 as part of a series of continuations on earlier patent applications dating to 1992. The patent in question was credited to Dan Abelow who sold his patent portfolio to Lodsys in 2004. This move prompted Apple to back many developers against the threats stating that iOS developers were “undisputedly licensed” later that month in 2011. At this point in time, Lodsys also targeted Android developers with patent infringement claims and Apple eventually filed a motion to intervene within the Lodsys lawsuits. Although Apple was granted limited permission in April 2012 to intervene in the Lodsys case, the permission was recently overturned.

    This past April, Lodsys targeted Disney’s “Where’s My Water?” title among others in a new round of lawsuits over in-app purchasing, stating that Disney infringed upon its ‘565 and ‘078 patents. However, Lodsys agreed last month to dismiss a patent case against the developer Todd More for a charitable donation. Overall, Apple has been the number one target for patent trolls with 171 cases in five years. US President Barack Obama has been targeting patent “trolls” such as Lodsys announcing proposed legislative changes this past June. We’ll have to see what comes of the whole ordeal.

    Source: Ars Technica
    This article was originally published in forum thread: Judge Tosses Apple's Motion Allowing Lodsys to Continue its Patent Trolling started by Akshay Masand View original post
    Comments 2 Comments
    1. djaquapimp's Avatar
      djaquapimp -
      I feel bad for the developers but perhaps this is apple getting their bad energy returned to them, they should stop trying to sue the pants off of everyone else that makes phones and maybe people won't be so hot after them.

      Why wouldn't the company go after the patent infringers to the full extend that the law allows?

      Doesn't apple do the same thing?

      I don't see how apple can say that their deal with Lodsys, when it was under intellectual ventures, should automatically be valid for all iOS developers unless it specifically states so in the deal.

      If it doesn't mention it in the deal they made, apple has no grounds for argument and it deserved to be tossed!

      It would be nice if someone could shed some light on what their original deal was, not hear say either! Documented proof!
    1. LithePanther's Avatar
      LithePanther -
      Quote Originally Posted by djaquapimp View Post
      I feel bad for the developers but perhaps this is apple getting their bad energy returned to them, they should stop trying to sue the pants off of everyone else that makes phones and maybe people won't be so hot after them.

      Why wouldn't the company go after the patent infringers to the full extend that the law allows?

      Doesn't apple do the same thing?

      I don't see how apple can say that their deal with Lodsys, when it was under intellectual ventures, should automatically be valid for all iOS developers unless it specifically states so in the deal.

      If it doesn't mention it in the deal they made, apple has no grounds for argument and it deserved to be tossed!

      It would be nice if someone could shed some light on what their original deal was, not hear say either! Documented proof!
      You have no idea what a patent troll is, do you? If you did, you'd understand patent trolls are the scum of the patent world, and deserve to be obliterated.