Lodsys Agrees to Dismiss Patent Case Against Small Developer for a Charitable Donation

[charlituna]

Patent trolls!

Can't stand these types of companies! Good to hear that they may be backing down.

But they aren't really backing down at all. Sure it's great that the money is going to charity but if they were paid they were paid. Or in this case, if the previous owners were paid.

There needs to be a way to deal when someone claims they exhausted patent rights in behalf if a party being sued. Like a freeze on all pending cases while that claim is verified. If the patent holder filed a false claim they then have to pay any legal costs from the parties they filed against, if it turns out that party number two was wrong they have to pay the legal costs of the holder proving the matter and so on

 

[A Hebrew]

They should do some good and go after Electronic Arts.

 

[powers74]

Absurd

Is there nothing Apple can do about these guys? I know they've been trying/have tried, but jeez.

 

[plathunter]

So basically Lodsys decided to drop a case against a small developer that had free legal backing.
Really this was a no brainer for Lodsys why spend hundreds of thousands fighting against a small developer whose fees wouldn't even cover the cost of going after them. Lodsys had really nothing to win fighting this and everything to lose by having their patents struck down. LOL at them requesting a donation to charity to make themselves look good.

 

[charlituna]

they knew if they went to court and lost then they would lose their other 200 licencees because the precedent would be set that their patents were invalid.

Not necessarily. The defense could have just repeated the claim that Apple already paid for the developers rights and the case could have been won over that and not the validity of the patent

 

[donutbagel]

I looked these guys up a while ago. It's the nastiest legitimate (not illegal) company I have ever seen. The only good thing is that their site is pretty well-designed.

 

[plathunter]

Not necessarily. The defense could have just repeated the claim that Apple already paid for the developers rights and the case could have been won over that and not the validity of the patent

Yes but once they won over that it would have sent a precedent and all developers that use apple could assert the same rights

 

[cohibadad]

Lodsys blinked

 

[plathunter]

Lodsys blinked

No Lodsys just decided to drop a case that was not worth it to them to fight.

 

[techwhiz]

They got scared.

They were afraid that they might lose. That is the only reason to settle. If they lose, they lose the attorney fees for the person they sued, etc.

If they lose, it also allows others that they sued to use the evidence from that case.

They are running scared.
The other guy should have made them go all the way with the help of EFF.

 

[Ryth]

$190,000 even before it headed to trial

There is definitely something wrong in the VS

This is why they do it. They know 99% of the people can't afford a defense, etc. They dropped this one because the company actually got a defense for pro bono and if they lost, all their future lawsuits would be void.

----------

I looked these guys up a while ago. It's the nastiest legitimate (not illegal) company I have ever seen. The only good thing is that their site is pretty well-designed.

This is where you wish you could use the NAVY SEALS for domestic issues.

 

[nagromme]

Brilliant! Make a sleazy attack on the defenseless (or not!) look like an angelic act of goodness, AND prepare for a possible phase 2:

- Tell every future target you will drop the case IF they make a donation to charity--in an amount WAY too big for the small target to ever pay.

- Tell them, alternatively, you can quietly pay us a smaller amount directly.

Must be fun being evil!

 

[gnasher729]

Yes but once they won over that it would have sent a precedent and all developers that use apple could assert the same rights

They can do that anyway. They still have the choice of either paying extortion money, or going to court, win the case, and having to pay huge legal fees.

 

[Count Blah]

That logo looks awful.

Be careful, they may sue you for libel and unspecified damages in the amount of $80 gajillion because anyone with an internet connection can navigate to your malicious post.

 

[newdeal]

Not necessarily. The defense could have just repeated the claim that Apple already paid for the developers rights and the case could have been won over that and not the validity of the patent

regardless a loss by Lodsys against these people would make everyone else who is paying them stop because the precedent was set

 

[FloatingBones]

Thank heavens that this dev refused to be muzzled by a confidentiality agreement.

 

[chrono1081]

If I were able to I'd sue these guys into bankruptcy. They're flat out thieves nothing more.

Developers are using Apple technology, Lodsys's beef should be with Apple only.

What their suing for is the equivalent of suing a baker because his/her oven is using a patented technology.

 

[dotcomet]

Has anyone heard this report from This American Life? It reveals some pretty interesting tidbits.

http://www.thisamericanlife.org/radio-archives/episode/496/when-patents-attack-part-two

 

[bsolar]

If I were able to I'd sue these guys into bankruptcy. They're flat out thieves nothing more.

Developers are using Apple technology, Lodsys's beef should be with Apple only.

What their suing for is the equivalent of suing a baker because his/her oven is using a patented technology.

If the patented technology was not properly licensed you can sue a baker because his/her oven is using it.

Sadly, what they are doing is perfectly legal. That's why the problem is not Lodsys itself. Remove Lodsys and another patent troll will appear right away from behind the corner, and before someone invests the staggering amount of money needed to verify the validity of the claims they'd already done a lot of damage.

What is needed is a reform to bring patents back under control, the money spent on lawsuits, counterlawsuits and settlements is ridiculous.

 

[plathunter]

What their suing for is the equivalent of suing a baker because his/her oven is using a patented technology.

That's a nice analogy but unfortunately it is little bit more complicated than that.
Say Lodsys owns a oven and for a fee it lets apple use the oven but than apple tells a baker you can use this oven from Lodsys. Lodsys turns around and says no you cant I only authorized apple to use my oven and apple says no since I am authorized to use your oven I can let anybody I want to use the same oven.

 

[charlituna]

Yes but once they won over that it would have sent a precedent and all developers that use apple could assert the same rights

They can already assert those rights. Heck Apple tried to do it for them but Lodsys basically got that idea kicked out because Apple wasn't sued in the lawsuits. But if the lawyers for the developers can find a way to get it admitted, or pull something like a class action harassment suit, there you go

 

[AZREOSpecialist]

Sounds like Lodsys is afraid their patents may be declared invalid, resulting in a bankrupting of the company. All the more reason to press on to trial and have this troll put out of business.

 

[macsrcool1234]

I like how they throw the charity requirement in there so if the author refuses they can make him out to be the bad guy.

Absolutely do not accept this offer, fight it all the way. They need to send a message that patent trolling will not be tolerated.

 

[Futuresgreen]

I feel sick every time I read a story about this company - I really wish a big company would take them on plus update the patents law.

I realise this might sound a stupid question (Sorry) but who exactly needs to update the patents law, is it the patents office or the Country where the company is based in ?

 

[NutsNGum]

That logo looks awful.

Hey, I drew that logo.

- Lodsys CEO