Lodsys Threatens to Sue App Store Developers Over In-App Purchases and Upgrade Links

[nwcs]

I normally advocate respecting patents and all but this is one particular one that may need to be dissolved. Assuming, of course, that there isn't more to the story than is reported.

 

[bobringer]

If this was Apple threatening a lawsuit over one of it's patents the tone here would be much different. Jus' sayin'.

mingoglia, can you point to an Apple lawsuit (or threatened lawsuit) concerning a patent of an invention this obvious?

If you can't... your analogy is a false one.

 

[guzhogi]

I agree with many of the posters in that this seems like patent trolling. It's not something like the cure for cancer that you spent countless years, dollars & effort into researching & developing. It could take just 5 seconds to come up with a process that goes "Would you like the version with added features? Sure, here's money for you. Thank you, and here's the added features."

While I do like the basic idea of patents in the sense that it should motivate people to come up with new ideas and to be compensated for their work, this is ridiculous. It doesn't take that much effort to come up with a button that lets you upgrade to a full version.

 

[notjustjay]

If this was Apple threatening a lawsuit over one of it's patents the tone here would be much different. Jus' sayin'.

Not if it was as dumb an idea as an "upgrade" button.

It could take just 5 seconds to come up with a process that goes "Would you like the version with added features? Sure, here's money for you. Thank you, and here's the added features."

It's like McDonalds' copyrighting the phrase "Would you like fries with that?"

 

[entatlrg]

Patent holding companies are the free loading poison of business. Too bad it's allowed.

 

[KALLT]

The current patent law becomes more ridiculous every day, it seems. How should beginning entrepeneurs gain confidence to start up a business when patent claims are lurking practically everywhere?

 

[coder12]

Hmm...... I'm thinking about filing a patent for the "Post Reply" button.

I hope Apple helps these devs out.

You'd better watch out, because I already hold patent on the Quote reply button which incorporates parts of your patent already!

 

[pdjudd]

If this was Apple threatening a lawsuit over one of it's patents the tone here would be much different. Jus' sayin'.

Dou you know how many times I have heard about this and yet nobody can ever back that up?

 

[dccorona]

I'm getting very bored of companies buying other companies simply for their patent portfolios, and then playing the "who can we sue now?" game.

 

[RalfTheDog]

If this was Apple threatening a lawsuit over one of it's patents the tone here would be much different. Jus' sayin'.

Have you read the patent? (If not I understand, it is long, silly and generally badly written.)

This patent has nothing to do with upgrade buttons. It is about the maker of a device having the ability to take over the device while the user is using it and ask them questions about what they think of the product.

Example:

A user is typing a letter on an electric typewriter. In the middle of the letter, the manufacturer of the typewriter takes over and types out, "What do you think of this product. Just type your response."

Example 2:

The owner of a calculator is doing their math homework or paying their bills. The calculator maker activates a speaker and microphone so they can ask the user about their experience. The calculator maker could also help the user with their homework or bills. This device could also be used to take random nude pictures of the user.


This patent does do one thing; It provides an excellent example of why people should not use drugs.

 

[saxofunk]

the most sensible legal response

I would just respond with a cease and desist letter, claiming that I hold the patent on 'sending legal threats in an effort to extort money'. Then, on the last page would be a depiction of a huge middle finger in ASCI text of course

 

[Full of Win]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_2_1 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8C148 Safari/6533.18.5)

Hmm...... I'm thinking about filing a patent for the "Post Reply" button.

I hope Apple helps these devs out.

You'd better watch out, because I already hold patent on the Quote reply button which incorporates parts of your patent already!

Watch your tone buster. I OWN the "Report" button IP here and I'm not afraid to use it. I'll Report Button you to the freakin' stone age.

 

[gri]

Sometime someone will patent a normal human gene and will sue every new parents for license fees...
But I thing the SC has put a stop to that (patenting normal genes, have to look into it again) - maybe time for a higher court to make some definitions here...

 

[Full of Win]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_2_1 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8C148 Safari/6533.18.5)

-

 

[RalfTheDog]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_2_1 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8C148 Safari/6533.18.5)



Watch your tone buster. I OWN the "Report" button IP here and I'm not afraid to use it. I'll Report Button you to the freakin' stone age.

I own the patent on using the internet to make threats across state lines and using it for all forms of silly humor.

 

[dethmaShine]

I am just going to the toilet to press the upgrade button and start pooping.

 

[Rodimus Prime]

the fact that they are going after small time guys who do not have the money tells me this is a troll. If they were willing to go after a big player who have the money to defend it then it might be a better case.

I honestly hope apple steps in and takes on the case with their deeper pockets. Chances are the patent would be declared invalid in court and it would be over.

 

[Consultant]

normally these lawsuits are legit, but the 1990's and probably the 80's as well had a huge shareware fad. you download software and buy a key to unlock it

I think the key to stopping this is not to be defensive, but for Apple to launch a war of total destruction. Stage one would be to show prior art. Programs distributed by BBS and disks handed from person to person were doing this as early as the 1980's. Just download the program, then enter your payment code to unlock the full version and remove the nag screen.

The next stage is to find something you can sue these guys for and run them out of business. If they have no vulnerabilities, find prior art on every patent they own, then out compete them in every market they are in.

companies that own real IP should have the right to protect their IP. Companies like this give patent holders a very bad name.

I vote for a spontaneous existence failure.

Exactly. Apple should bring out its prototype patent troll ban hammer.

 

[RonD69]

Precedence

Unfortunately, this may end up working out well for them. If the patent is legally solid (I have no idea) then Apple may end up buying it and telling developers they won't enforce it just so they can keep using it.

So these clowns may actually get away with a big check.

But whether it's a buy-out or just legal-threats I can't see Apple staying neutral. I suspect they'll take some kind of action.

I wouldn't be surprised if their ultimate goal is Apple. Should they win this suit from the small companies, future lawsuit against Apple would have some teeth because of this ruling.

 

[gnasher729]

I think the key to stopping this is not to be defensive, but for Apple to launch a war of total destruction. Stage one would be to show prior art. Programs distributed by BBS and disks handed from person to person were doing this as early as the 1980's. Just download the program, then enter your payment code to unlock the full version and remove the nag screen.

The next stage is to find something you can sue these guys for and run them out of business. If they have no vulnerabilities, find prior art on every patent they own, then out compete them in every market they are in.

companies that own real IP should have the right to protect their IP. Companies like this give patent holders a very bad name.

The problem with patent trolls is that you get stuck very quickly in this "war of total destruction". They have nothing to destruct. They are in no market so you can't outcompete them anywhere. Worst case that can happen to them is that you invalidate their patents, which doesn't cost them much because these patents are worthless anyway. And even then they get to keep all the money that people paid to them.

 

[thogs_cave]

Reading the patent, it's lame.

After doing a quick scan of Patent 7222078 - Methods and systems for gathering information from units of a commodity across a network. I can't really see how it applies. Of course, I'm nothing close to a lawyer, but I do have my name on a patent (and have some knowledge of the process), and this is pretty lame overall.

Innovation is dead. Just grab cash with stupid lawsuits instead. No wonder we (America) are slipping.... And it's all for a quick buck.

 

[0815]

I don't think they have a strong case - otherwise they wouldn't try to threaten the small developers (which usually don't have a legal team) to pay license fee but they would go after the big ones. Looks like they just try to make some easy money based on a patent that is not worth going through the pain (and money) of actual law suits.

I hope Apple steps up here and supports all the small developers by making their legal team available to them for no fee

 

[TexasAggie]

I propose we play "let's tear this stupid patent troll" apart.

First, the general rules:

(1) The patent here contains 4 independent claims. The independent claims are the broadest claims in the patent. This means that if you do not infringe the 4 independent claims, you don't infringe the patent.

(2) In order to infringe, you must make, use, sell, or offer for sale everything in a single claim. If you do most of it, it doesn't count.

So with this in mind, here is the first independent claim:

1. A system comprising:
- units of a commodity that can be used by respective users in different locations,
- a user interface, which is part of each of the units of the commodity, configured to provide a medium for two-way local interaction between one of the users and the corresponding unit of the commodity, and further configured to elicit, from a user, information about the user's perception of the commodity,
- a memory within each of the units of the commodity capable of storing results of the two-way local interaction, the results including elicited information about user perception of the commodity,
- a communication element associated with each of the units of the commodity capable of carrying results of the two-way local interaction from each of the units of the commodity to a central location, and
- a component capable of managing the interactions of the users in different locations and collecting the results of the interactions at the central location.

So, who can identify the things here that the maker of a software app available on the App Store would not make, use, sell, or offer for sale?

 

[WiiDSmoker]

mingoglia, can you point to an Apple lawsuit (or threatened lawsuit) concerning a patent of an invention this obvious?

If you can't... your analogy is a false one.

How about swipe to unlock? Everyone supported Apple on that one even though there was prior art.

 

[Rodimus Prime]

I wouldn't be surprised if their ultimate goal is Apple. Should they win this suit from the small companies, future lawsuit against Apple would have some teeth because of this ruling.

I do not know if Apple is part of the alliance but there is one out there that have some pretty big players (MS, LG, Sony ect) that the entire point of the kill patent troll. Normally by buying up company going bankrupt and then they put the patents into a holding company. The entire point of this is to keep patent trolls from getting their hands on the stuff. They do not actively go after company and I believe they either just let some of the patents expire or they start selling off the legit ones.

Pretty much it is an effective way to keep trolls out of the system and I could see that alliance coming down hard on this group suing. Worse case they buy up the patent and then just state it is going into open source so to speak and put that licences on it.