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Google finally stepped up and intervened in the lawsuit filed by Lodsys against Android developers. Lodsys has been busy filing lawsuits against Android and iOS developers for patent infringement. Apple and Google both have licensed Lodsys’ Patent Portfolios which then included in iOS and Android respectively.
Lodsys is ramping up the lawsuits and this time it is targeting Atari, EA, Rovio and Square Enix.
It is unclear if Lodsys had a high hand or just bluffing. Certainly Lodsys is climbing up the ladder of Patent Troll.
FOSS Patents blog reports that ESET, the maker of NOD-32 Antivirus filed a declaratory judgment action against Lodsys with the U.S. District Court for the Southern District of California.
Lodsys recently gained notoriety for filing lawsuits against seven iOS Developers for in-app-purchases and in-app-upgrades related patents. Apple then filed motion to intervene on Lodsys Patent Lawsuit. A Michigan company named ForeSee Results Inc. is seeking to invalidate Lodsys patent portfolio.
As expected Apple files motion to intervene on Lodsys Patent Lawsuit against iOS Developers. Previously Apple Legal sent a letter Lodsys in response to the lawsuit threats against iOS Developers. Lodsys then filed lawsuit against seven iOS Developers earlier than planned because of the response by Apple.
Apple is not the only company juming into the Lodsys lawsuit mess. A Michigan company named ForeSee Results Inc. is seeking to invalidate Lodsys patent portfolio.
Apple will not be the last headache Lodsys have to deal with, assuming that Google would defend Android Developers from similar lawsuit threat.
This is what iOS 4 think about Lodsys:
Lodsys moves to sue iOS Developers earlier than planned as a respond to “Apple’s threat“.
From Lodsys’ blog:
Q: Why did Lodsys sue some App Developers on May 31, 2011?
Lodsys chose to move its litigation timing to an earlier date than originally planned, in response to Apple’s threat, in order to preserve its legal options.
Lodsys also sent Legal threats to Android Developers regarding in-app-purchasing patent.
Lodsys revealed that Apple, Google and Microsoft are already licensee of Lodsys’ patent portfolio. Apple, Google and Microsoft could seek to invalidate Lodsys patent.
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For some reason, this is what the iPhone 4 thinks of Lodsys:
After gaining a lot of attention for sending lawsuit threat to numbers of iOS Developers, Lodsys is also going after Android Developers over in-app purchasing patent. Lodsys in its Q&A blog explained why its going after individual developers but not Apple, Google and Microsoft; that’s because the three companies have already licensed the four patents in question.
On May 23rd, 2011 Apple Legal sent a letter to Lodsys stating that Apple is licensed to all four patents in the Lodsys portfolio. Any iOS Applications published in iTunes App Store are essentially covered by the license.
Android Developers are hoping Google to do the same with what Apple did for its Developers.
“Good News iOS Developers!”
Actually it is good news for a lot more than iOS Developers. Apple has finally spoken out against Lodsys for threatening iOS Developers over some licensing issues.. MacWorld published the full text of the letter Apple Legal sent to Lodsys regarding its patent dispute with app developers.
Apple certainly took the time to review the matter, 10 days after Lodsys sent patent lawsuit threat to iOS Developers (Friday May the 13th, 2011). John Gruber of Daring Fireball seems to think that Apple is doing the right thing by carefully reviewing the matter and preparing an appropriate response.
This would be an interesting case to follow since Apple already licensed the patents in question from Lodsys.
First, Apple is licensed to all four of the patents in the Lodsys portfolio. As Lodsys itself advertises on its website, “Apple is licensed for its nameplate products and services.” See http://www.lodsys.com/blog.html (emphasis in original). Under its license, Apple is entitled to offer these licensed products and services to its customers and business partners, who, in turn, have the right to use them.
It would be interesting to know when Apple become licensed to Lodsys’ four patents; as Google and Microsoft do. Did Lodsys reach out to Apple, Google and Microsoft after iOS, Android and WP7 were released? How significant are these fours patents in the Lodsys portfolio?
It would be an even more interesting development if Apple, possibly joined by Google and Microsoft would seek to invalidate Lodsys’s patents in question.
If Lodsys were to prevail in their threats, it would set a scary precedence for Developers; Android, iOS and WP7.