Lodsys Patents Under Attack as Legal Challenge to Their Validity Commences

lodsys wordmark
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.

Yesterday, the aforementioned Michigan company -- ForeSee Results, Inc. -- filed a proactive declaratory judgment action against all four Lodsys patents. In that complaint, ForeSee Results Inc. said that Lodsys had "threatened assertion" of one or more of its four patents against ForeSee's customers. Foresee names three examples of customers that received letters from Lodsys:

- Adidas (I have published that assertion letter on Scribd so you can take a look at it; it includes a claim chart that looks similar as the ones that many app developers received, though it relates to a different patent)

- Best Buy

- WE Energies

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.

Popular Stories

New Things Your iPhone Can Do in iOS 18

20 New Things Your iPhone Can Do in iOS 18.2

Monday December 16, 2024 8:55 am PST by
Apple released iOS 18.2 in the second week of December, bringing the second round of Apple Intelligence features to iPhone 15 Pro and iPhone 16 models. This update brings several major advancements to Apple's AI integration, including completely new image generation tools and a range of Visual Intelligence-based enhancements. Apple has added a handful of new non-AI related feature controls as...
iphone 16 apple intelligence

Apple Drops Plans for iPhone Hardware Subscription Service

Wednesday December 18, 2024 11:39 am PST by
Apple is no longer planning to launch a hardware subscription service that would let customers "subscribe" to get a new iPhone each year, reports Bloomberg's Mark Gurman. Gurman first shared rumors about Apple's work on a hardware subscription service back in 2022, and at the time, he said that Apple wanted to develop a simple system that would allow customers to pay a monthly fee to gain...
blackmagic vision pro

Blackmagic Debuts $30K 3D Camera for Capturing Video for Vision Pro

Monday December 16, 2024 4:17 pm PST by
Blackmagic today announced that its URSA Cine Immersive camera is now available for pre-order, with deliveries set to start late in the first quarter of 2025. Blackmagic says that this is the world's first commercial camera system designed to capture 3D content for the Vision Pro. The URSA Cine Immersive camera was first introduced in June, but it has not been available for purchase until...
mac pro creativity

Apple Launched the Controversial 'Trashcan' Mac Pro 11 Years Ago Today

Thursday December 19, 2024 7:00 pm PST by
Apple launched the controversial "trashcan" Mac Pro eleven years ago today, introducing one of its most criticized designs that persisted through a period of widespread discontentment with the Mac lineup. The redesign took the Mac Pro in an entirely new direction, spearheaded by a polished aluminum cylindrical design that became unofficially dubbed the "trashcan" in the Mac community. All of ...
iPhone 17 Slim Feature Single Camera 2 Redux

Top 5 Apple Products to Look Forward to in 2025

Friday December 20, 2024 2:22 pm PST by
It's looking like 2025 is going to be an important year for Apple, with the company planning to revamp the iPhone, push further into smart home products, and improve Apple Intelligence. There are tons of new products rumored for 2025, including new iPhones, M4 Macs, a smart home command center, and much more. We've highlighted the top five Apple products that will have the biggest impact in...
apple tv 4k yellow bg feature

New Apple TV Rumored to Launch Next Year With These Features

Tuesday December 17, 2024 9:02 am PST by
The current Apple TV 4K was released more than two years ago, so the streaming device is becoming due for a hardware upgrade soon. Fortunately, it was recently rumored that a new Apple TV will launch at some point next year. Below, we recap rumors about the next-generation Apple TV. Bloomberg's Mark Gurman last week reported that Apple has been working on its own combined Wi-Fi and...
iPhone 17 Pro Dual Tone Feature 1

iPhone 17 Pro Rumored to Stick With 'Triangular' Camera Design

Wednesday December 18, 2024 2:36 am PST by
Contrary to recent reports, the iPhone 17 Pro will not feature a horizontal camera layout, according to the leaker known as "Instant Digital." In a new post on Weibo, the leaker said that a source has confirmed that while the appearance of the back of the iPhone 17 Pro has indeed changed, the layout of the three cameras is "still triangular," rather than the "horizontal bar spread on the...
elevation lab airtag battery

Your AirTag's Battery Will Last for Up to 10 Years With Elevation Lab's New TimeCapsule Enclosure

Wednesday December 18, 2024 10:05 am PST by
Elevation Lab today announced the launch of TimeCapsule, an innovative and simple solution for increasing the battery life of Apple's AirTag. Priced at $20, TimeCapsule is an AirTag enclosure that houses two AA batteries that offer 14x more battery capacity than the CR2032 battery that the AirTag runs on. It works by attaching the AirTag's upper housing to the built-in custom contact in the...

Top Rated Comments

CindyRed Avatar
177 months ago
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.
Score: 5 Votes (Like | Disagree)
jav6454 Avatar
177 months ago
Lodsys just opened the Pandora's box of patents. Hope they like it.
Score: 4 Votes (Like | Disagree)
ComputersaysNo Avatar
177 months ago
This is what happens when you are seriously uncool.
Score: 3 Votes (Like | Disagree)
miografico Avatar
177 months ago
I find it interesting that at the state level, Texas feels the same way (http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2011/05/24/senate_approves_loser_pays_ref.html?cxntfid=blogs_postcards).

For those of you who ask why go to East Texas for this, think about the type of cases that make it to the Ninth Circuit court. I make no comment on the merit of any of the cases, but you will see a radical difference. Venue shopping all around.
Well, the big guys pull the same BS with district shopping - it's not just patent trolls.

Patents in general are an affront to the free market. We are led to believe that who gets to market with their invention/idea first is the victor and that is simply not the case. It's 20% the invention itself, 20% it's economic value based upon cost to produce/retail price and 60% how good you are at marketing it to your consumer.

The patent system started off as with noble intentions, but today they have two uses: for mega conglomerates to stifle inovation and for patent holding companies to simply use them as tradable securities.

I understand that everyone here does not have a degree in engineering, but do not be fooled by the propaganda rhetoric that something is a miraculous invention/piece of engineering. If I look at your mechanical arm and I say to myself if I change, this, this, this and this to make it better - how is that your invention anymore? It's not but chances are if mine is better than the original product of a major corporation - I am going to get sued.

It's more extreme in cases of software. You can make the argument that nothing has the originality in software to be able to be granted a patent -based upon the source of all software having the same root: binary. If I am not able patent an invention on top of your invention why am I able to patent software on top of an already prescribed subsystem?
Score: 2 Votes (Like | Disagree)
SeanMcg Avatar
177 months ago
...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.

I find it interesting that at the state level, Texas feels the same way (http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2011/05/24/senate_approves_loser_pays_ref.html?cxntfid=blogs_postcards).

For those of you who ask why go to East Texas for this, think about the type of cases that make it to the Ninth Circuit court. I make no comment on the merit of any of the cases, but you will see a radical difference. Venue shopping all around.
Score: 2 Votes (Like | Disagree)
Mike Oxard Avatar
177 months ago
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.
Score: 2 Votes (Like | Disagree)