Lodsys Patents Under Attack as Legal Challenge to Their Validity Commences

Discussion in 'MacRumors.com News Discussion' started by MacRumors, Jun 8, 2011.

  1. MacRumors macrumors bot


    Apr 12, 2001


    FOSS Patents reports that Lodsys, the company that has begun filing lawsuits against App Store developers for implementing in app purchases and upgrade links, now finds itself on the receiving end of legal action. According to the report, a Michigan firm has filed a request for declaratory judgment regarding the validity of the four patents Lodsys is using in its own lawsuits. While a declaratory judgment against Lodsys would not automatically invalidate the firm's patent claims, it would set the legal framework for further challenges and negotiations both in and out of court.
    The report notes that the move is a preemptive strike by ForeSee Results, as its initial filing in Illinois could allow it to have any future lawsuits filed against the named companies transferred there instead of being adjudicated in the patent holder-friendly courts of the Eastern District of Texas where Lodsys has been filing its suits so far. And while the legal challenge to Lodsys' patents does not directly include the App Store developers targeted by the firm, a win for ForeSee Results could help bolster the developers' cases should a verdict come soon enough.

    Article Link: Lodsys Patents Under Attack as Legal Challenge to Their Validity Commences
  2. Consultant macrumors G5


    Jun 27, 2007
    Hope they win against patent troll Lodsys.

    Next step, Apple?
  3. CindyRed macrumors member


    May 26, 2011
    The American Way

    Validity schmalidity. Thomas Edison taught us all you don't have to invent anything to be considered an inventor. Just patent EVERYTHING, sue people who actually do the inventing, lather, rinse, repeat. That is the American way! To question validity of a patent is to question the patent system itself, and force real innovation.
  4. RafaelT macrumors 65816


    Jun 9, 2010
    Lakeland, FL
    That's great, hope the wipe the floor with them.
  5. millerb7 macrumors 6502a

    Jun 9, 2010
    I dunno... I feel you're barking up the wrong tree when you start trying to get this trolling over on companies like Apple, Google, Best Buy, and Adidas.
  6. Mike Oxard macrumors 6502a

    Mike Oxard

    Oct 22, 2009
    Why are some courts more patent-holder friendly? I guess the law can be open to some interpretation, but for one area to be consistently used to bring these patent cases does sound a lot like there are backhanders being made.
  7. drewisanapple macrumors regular

    Jun 3, 2011
    Why do I feel this company won't let anybody win?
    I mean, they're hurting more than big guys, like the small guys who this is their only way of revenue.
  8. jav6454 macrumors P6


    Nov 14, 2007
    1 Geostationary Tower Plaza
    Lodsys just opened the Pandora's box of patents. Hope they like it.
  9. spazzcat macrumors 68020


    Jun 29, 2007
    All judges have their bais.
  10. BLACKFRIDAY, Jun 8, 2011
    Last edited: Jun 10, 2011

    BLACKFRIDAY macrumors regular

    May 23, 2011
  11. baummer macrumors 6502a

    Jan 18, 2005
    Southern California
    What's next? Targeting all websites that use a SUBMIT button since the patent descriptions are so vague?
  12. CindyRed macrumors member


    May 26, 2011
    What does that even mean? lol
  13. jonnysods macrumors 601


    Sep 20, 2006
    There & Back Again
  14. Glideslope macrumors 601


    Dec 7, 2007
    Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_3 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8J2 Safari/6533.18.5)

    Smart move filing in Illinois.

    Texas is not part of the Union. I their minds, that is.
  15. Vertigo50 macrumors 65816


    Apr 11, 2007
    I have a feeling if Apple isn't already providing support in this case (financial or otherwise) they probably will soon. On the other hand, who's to say that Apple didn't instigate this in the first place, and is using this company as a front. ;)

    What I really love about this is that Lodsys was getting their extortion money from Apple and others, but now they stand to not only get the extra money they were hoping to get from devs and others, they stand to lose everything.

    Good strategy, Lodsys, you will go down in the history books as an example of how NOT to do patent trolling.

  16. BornAgainMac macrumors 603


    Feb 4, 2004
    Florida Resident
    I don't like the name "Lodsys". I wish I could sue them.
  17. 0815 macrumors 68000


    Jul 9, 2010
    here and there but not over there
    Long expensive court battles ahead ... enough companies with cash are standing up against Lodsys.

    Hope they go bankrupt over it. I don't know if the patents are 'legal' or not - but they should go bankrupt over trying to charge twice (the producer and the consumer) for the same thing .....

    Only Patent Trolls file patent cases in Texas ...
  18. miografico macrumors member

    May 16, 2011
    Their downfall in the end will be the same as SCO with the sue everybody - take no prisoners approach. I can guarantee there are countless others companies who have FedEx form letters we don't hear about. Hell, it even popped up on the Google News feed last week that they were also targeting online porn companies.

    This case is a perfect example of the need for tort reform and the mandatory restitution of legal fees in class action lawsuits by the losing party. Until that happens the US is going to continue on a downward momentum as a safe place for inovation, but unfortunately when we time after time vote for politicians who are ex-lawyers we reap what we sow.
  19. dacapo macrumors 6502

    Jan 25, 2010
    Me neither. "Lolsys" sounds more likable.
  20. Mattie Num Nums macrumors 68030

    Mattie Num Nums

    Mar 5, 2009
    Thomas Edison is a piece of trash. Basically stole ideas from people and then used his celebrity status to spread lies about Tesla.
  21. Tiger8 macrumors 68020

    May 23, 2011
  22. CFreymarc Suspended

    Sep 4, 2009
    You have that right. They just got the attention of the big dogs. Now let's see how much of a fighter they are or just a bully.
  23. Rodimus Prime macrumors G4

    Rodimus Prime

    Oct 9, 2006
    well looks like bigger players are seeing the long term results of this being used against them and are going to shut it down early on. Assuming they get it the others can use use that as presidencies to say nope we do not have to pay you.
  24. ranReloaded, Jun 8, 2011
    Last edited by a moderator: Jun 8, 2011

    ranReloaded macrumors 6502a


    Feb 16, 2010
    ...or like my friend Duke would put it:


    ...This proves the patent system is flawed:poor little indie trolls like LodSys don't stand a chance to stick it to the big corporation lobbies and their cross-licensed patent pools... "The Man" always wins in the end... Oh the world is so unfair!!! :D
  25. ComputersaysNo macrumors 6502


    Apr 15, 2010
    This is what happens when you are seriously uncool.

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