Patents

Regarding Apple patents [Updated]

Just because Apple files for a patent doesn't mean we'll ever see an Apple product using or based on that patent. Just because Apple is granted a patent doesn't mean we'll ever see an Apple product using or based on that patent. It certainly doesn't mean every patent filing deserves a "...for the next iPhone!" or "...in the next iPad!" headline. We've been just as guilty of that at TiPb as anyone, so I'm certainly not jumping on a soapbox here. (I'm slumping against the side of it in exhaustion.)

More →

-
loading...
-
loading...
-
loading...
-
loading...

Apple ups the ante in Samsung "copy cat" lawsuit

<img src="/sites/imore.com/files/styles/400w400h/public/images/stories/2011/05/galaxytab-10-redux-1.jpg" alt="Apple ups the ante in Samsung "copy cat" lawsuit" title=Apple ups the ante in Samsung "copy cat" lawsuit" width="400" height="280" class="aligncenter size-medium wp-image-63967" />

Apple has upped the stakes in their look-and-feel "copy cat" lawsuit against Samsung, taking the complaint from 38 to 63 pages, and now accusing Samsung of "products that blatantly imitate the appearance of Apple's products to capitalize on Apple's success." According to FOSS Patents, Apple goes so far as to quote the media to help set up its case:

More →

0
loading...
0
loading...
0
loading...
0
loading...

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).

More →

1
loading...
0
loading...
0
loading...
0
loading...

Nokia vs Apple lawsuit settled [Updated]

More →

4
loading...
0
loading...
0
loading...
0
loading...

Lodsys disregards Apple, files suit against 7 iOS developers

Lodsys has decided to ignore Apple's strongly worded demand they cease harassing iOS developers, and instead decided to file suit against 7 of them, including Combay Inc. (Mega Poker Online Texas Holdem), Iconfactory (Twitterrific), Illusion Labs (Labyrinth), Shovelmate (69 Positions), Quickoffice, Richard Shinderman (Hearts), Wulven Games (Shadow Era). Says Lodsys:

More →

-
loading...
-
loading...
-
loading...
-
loading...

Apple tells Lodsys that developers are licensed, asks them to withdraw threats [updated]

According to The Loop, Apple has sent a letter to patent holder Lodsys, asking them to stop threatening iOS developers with patent infringement letters.

“Apple is undisputedly licensed to these patents and the App Makers are protected by that license,” wrote Bruce Sewell, Apple Senior Vice President and General Counsel.

Good for Apple. More as this develops.

UPDATE: Macworld has the full text of Apple's response letter. Here are some good bits. [Macworld]

Because I believe that your letters are based on a fundamental misapprehension regarding Apple’s license and the way Apple’s products work, I expect that the additional information set out below will be sufficient for you to withdraw your outstanding threats to the App Makers and cease and desist from any further threats to Apple’s customers and partners.

Through its threatened infringement claims against users of Apple’s licensed technology, Lodsys is invoking patent law to control the post-sale use of these licensed products and methods. Because Lodsys’s threats are based on the purchase or use of Apple products and services licensed under the Agreement, and because those Apple products and services, under the reading articulated in your letters, entirely or substantially embody each of Lodsys’s patents, Lodsys’s threatened claims are barred by the doctrines of patent exhaustion and first sale. As the Supreme Court has made clear, “[t]he authorized sale of an article that substantially embodies a patent exhausts the patent holder’s rights and prevents the patent holder from invoking patent law to control postsale use of the article.” Quanta Computer, Inc. v. LG Elecs., Inc., 553 U.S. 617 (2008).

Therefore, Apple requests that Lodsys immediately withdraw all notice letters sent to Apple App Makers and cease its false assertions that the App Makers’ use of licensed Apple products and services in any way constitute infringement of any Lodsys patent.

UPDATE 2: FOSS Patents weighs in with Florian Mueller's analysis [FOSS Patents]

I don't mean to be negative here. I just want to make all app developers fully aware of the issues they may still face. Since Lodsys is already suing a group of large players, which is collectively even more powerful than Apple, it would be irresponsibly optimistic to assume that Apple's letter all by itself is going to make Lodsys give up. Unless Apple settles the deal with Lodsys (neither the terms of such a deal nor the mere fact might ever be announced -- Lodsys might simply never follow up on its original infringement assertions), there will be some next step in this process, and things could still get nasty. So let's be optimistic today, but let's also be cautious.

UPDATE 3: Nilay Patel offers his thoughts as well [This is my Next]

The big question now is whether Lodsys is willing to take Apple to court in order to challenge that license interpretation; Lodsys would be fairly foolish to have not considered exactly this situation when they formulated their business plan. We’ll see what happens, but for the moment things have taken a promising turn.

More →

-
loading...
-
loading...
-
loading...
-
loading...

EFF: Apple should defend developers in face of patent threats

The Electronic Frontier Foundation (EFF) has called on Apple to be developers' knight in shining armor in face of threats from patent trolls. As TiPb covered in our special edition iPhone Live podcast with FOSS Patent's Florian Mueller, iOS developers including James Thomson of PCalc and the Iconfactory, makers of Twitterrific have received letters from patent holding company, Lodsys, asking for licensing fees for the use of in-app purchases for in-app upgrades. The EFF sees that position as untenable:

More →

-
loading...
-
loading...
-
loading...
-
loading...

iPhone Live 151: The Lodsys Letters

Rene Ritchie and special guest Florian Mueller of FOSS Patents discuss the situation and climate of uncertainty surrounding Lodsys threatening iPhone and iPad developers with patent infringement. What's happening, what options developers have, whether or not Apple will get involved, and what could come next. This is a special edition of iPhone Live!

Read on for show notes...

More →

0
loading...
0
loading...
0
loading...
0
loading...

What developers need to know about Lodsys and similar patent threats

FOSS Patents has put together an excellent write up on what iPhone, iPod touch, and iPad developers need to know about patent litigation threats, like those Lodsys began making last week against apps like PCalc and expanded upon today, sending letters to Icon Factory among others.

More →

-
loading...
-
loading...
-
loading...
-
loading...

Lodsys "responds and clarifies" their patent threats against iPhone, iPad developers

Lodsys, the company threatening to sue iPhone and iPad developers for infringing on in-app purchasing patents, has put up a series of blog posts in order to "respond and clarify" their position. For example, why are they going after small, independent iOS developers?

More →

-
loading...
-
loading...
-
loading...
-
loading...

Pages