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Lodsys attacked from two sides in ongoing in-app patent battle

Apple defends developer rights while second company files declaratory judgment

Lodsys attacked from two sides in ongoing in-app patent battle
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iOS

Today has witnessed two interesting twists in the continuing saga of Lodsys, Apple, and the in-app purchase patent lawsuits.

The story so far: Lodsys LLC, a company set up by self-proclaimed ‘prolific inventor’ Dan Abelow, threatened lawsuits against several developers who used in-app purchasing models, claiming that they infringed Lodsys licences.

Apple defended the game makers involved, claiming its own licence covered the developers against legal action.

Lodsys then accelerated its legal activity, moving forward with the lawsuits earlier than the original 21-day deadline it had given the accused game developers to respond.

Another dissatisfied customer

The next rather unexpected development saw customer satisfaction survey company ForeSee Results request a declaratory judgment against Lodsys for threatening its customers – these included Best Buy and Adidas, whom Lodsys had apparently also targeted, attempting to strong-arm them into signing licensing deals to avoid legal action.

This has familiar echoes of Lodsys’s moves against the seven iOS developers, and should Foresee’s action succeed, this would surely invalidate the firm’s prior claims against the independent game makers.

However, it may be that Apple will come to the rescue first. The format-holder has now filed a motion to intervene in the original lawsuits filed by Lodsys. “Apple seeks to intervene because it is expressly licensed to provide to the Developers products and services that embody the patents in suit, free from claims of infringement of those patents,” the motion reads.

Patently obvious

It’s a clear sign that Apple is fully prepared to defend the rights of the developers using its service, and represents a significant move, essentially putting itself in the firing line for the first time, having previously been on the periphery of the lawsuits.

FOSS Patents suggests that, while Apple will likely be allowed to intervene, Lodsys will also have the opportunity to oppose the motion. Yet, with companies the size of Adidas, Apple, and Best Buy involved, it may be that the patent-holder realises it’s time to back down.

MacRumors / BGR
Chris Schilling
Chris Schilling
Chris has been gaming since the age of five, though you wouldn't think it to see him play. Thankfully, his knowledge of the medium is as impressive as his unerring ability to fail at Angry Birds.