How to deal with a Lodsys patent claim against your app

How to deal with a Lodsys patent claim against your app

Even though Apple has now filed a motion to intervene, Patrick T. Igoe, Esq., writing for Groklaw, gives his opinion on how developers should deal with a lodsys patent claim made against the iPhone or iPad app (or Android, or other platform).

  1. Read the patent, not the blogs. He questions how well the actual patent has been reported to date.
  2. Focus on the claims. He's not convinced Lodsys' patent covers what they allege it does.
  3. Question the claim chart. He thinks Lodsys is cherry-picking.
  4. Consider an active defense. He thinks Lodsys' business model is ripe for disruption, namely:

However, if transaction costs rise through legitimate defenses or declaratory judgment actions, the business model is strained. Lodsys needs developers to think it is cheaper to settle than it is to fight. Developers should consider, however, whether filing a declaratory judgment action in their own district might have the possibility of creating a less costly and more satisfying resolution. With a declaratory judgment action, it is Lodsys that is faced with a dilemma. For a small or medium sized target, it may be more economically sensible for Lodsys to drop the demand for the small licensing fee even if they somehow feel they could win. It may be especially compelling if major weaknesses are identified in the infringement case, as I believe they could be here.

He also stresses you should talk to an attorney. (Of course.)

[Groklaw via @chronic]

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Rene Ritchie

Editor-in-Chief of iMore, co-host of Iterate, Debug, Review, Vector, and MacBreak Weekly podcasts. Cook, grappler, photon wrangler. Follow him on Twitter and Google+.

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Reader comments

How to deal with a Lodsys patent claim against your app

4 Comments

the best advice i've read concerning patents is in this article.
"READ THE PATENT, NOT THE BLOGS.
It should go without saying, but do not believe everything you read on the Internet, especially about patent cases. It appears, especially with patent coverage, that THE DESIRE TO POST QUICKLY OR MOLD THE STORY TO FIT AN AGENDA OFTEN TRUMP FACTUAL ANALYSIS.""

What's the name of that big hacker community that got into Sony (after they used Geohotz) and some other big entities? Someone just needs to say, "Sick'em"! And hack the crap out of Lodsys & their systems/servers. It'll be the last lawsuit they file against anyone!
;-)