(Flickr/stefanedberg)
In Mid-May, several app developers, for both iOS and Android, received legal notification from a patent holding company named Lodsys, claiming that certain functions of their apps (such as the In-App Purchasing mechanism that Apple offers to developers) were in infringement of Lodsys patents.

After Lodsys filed lawsuits against seven iOS developers, Apple attempted to intervene on behalf of the defendants, but Lodsys has continued to send out legal threats to developers. Because of the way patent litigation is designed in the United States, it is frequently considerably cheaper to settle with patent-holders rather than fight it out in court -- even if the defendant believes they are right, because of the extraordinary costs involved with patent litigation.

This past weekend, Florian Mueller at FOSS Patents penned a lengthly article outlining what he believes is the most cost-effective strategy for developers who must deal with Lodsys. He makes it clear that his post isn't meant to be "legal advice" but it is a good starting point for smaller developers who might now know where to begin:

It's time to be pragmatic.

Lodsys won't go away quickly unless Apple and Google pay them many millions of dollars (which could happen anytime but might also never happen). Meanwhile, each app developer who faces this problem should make a rational and responsible decision -- even if it means to pay. So far there's no indication that Android developers can get away without paying, and iOS developers don't have a dependable basis for ignoring Lodsys's insistent demands.

Mueller's conclusion? License the patents to make Lodsys go away and get back to building great apps.

Lodsys is only a risk for you, not an opportunity to get rid of trolls or of software patents. Eliminate the risk now. Follow the two-step approach. Try to get coverage. If not (which is the most likely outcome), do a license deal. Do all of this with legal help, but don't let any lawyer persuade you of futile efforts. Pick the most direct path to a solution. Share the costs with other app developers. And when you've solved this problem, focus on more important, more interesting, more productive and more edifying things in life.

(Photo by Flickr/Stefanedberg)

Top Rated Comments

NebulaClash Avatar
180 months ago
He makes it clear that his post isn't meant to be "legal advice"

That's good, because Mueller is not a lawyer and most specifically not a patent lawyer. Note how often he gets details wrong when he discusses what patent cases mean or how they will proceed. He's being shot down by patent attorneys on the Web. So:

a) MacRumors should stop giving him credence on the subject of software patents.

b) Nobody should follow his advice without talking to a patent attorney. Talk to the experts, not the ones playing an expert on the Net.
Score: 5 Votes (Like | Disagree)
mmcc Avatar
180 months ago
Pay this troll and you can be sure many more will spring to life, each sucking a little bit more of your productive life. It is the new high-tech business model of this century.

I'd rather remove features, or even withdraw a product, than pay a patent troll.
Score: 4 Votes (Like | Disagree)
Alaerian Avatar
180 months ago
Lodsys isn't even a "real" company - they are a patent holding company. In other words, they're a complete shill.

It pisses me off that developers are basically losing to something that doesn't exist.
Score: 4 Votes (Like | Disagree)
0815 Avatar
180 months ago
I would rather like to hear the advice from the Apple lawyers ....

For anyone getting targeted, the first action should probably be to contact Apples legal team and decide than based on their input.
Score: 3 Votes (Like | Disagree)
gnasher729 Avatar
180 months ago
Florian Müller is at it again, and MacRumors is giving him an audience again. Pathetic.

Here some slightly different take on the situation for Lodsys under the headline "This is going to get expensive... for Lodsys".

http://www.groklaw.net/article.php?story=20110705124738103
Score: 2 Votes (Like | Disagree)
NightFox Avatar
180 months ago
If they came at me, the first thing I would do would be to talk to my legal staff about putting the money into an escrow account while the legal action was taking place. The next thing would be to ask about starting a class action lawsuit with the intent of destroying Lodsys. My third action would be to start looking for prior art on every patent Loadsys owns.

Sometimes the best course of action is to destroy your opponent at all costs. This reduces the odds of some other jerk coming at you in the future (If you survive.)

When you're just one guy writing iOS apps in your study in the evenings, the couple of £100 you make from the App Store aren't going to go far towards funding that...
Score: 2 Votes (Like | Disagree)

Popular Stories

2024 iPhone Boxes Feature

iPhones Could Cost Up to $2,300 in the U.S. Due to Tariffs, Analyst Says

Friday April 4, 2025 9:30 am PDT by
U.S. President Donald Trump on Wednesday announced that steep tariffs will be applied to imports from many countries, starting April 9. The tariffs could have a significant impact on Apple, as the company assembles the majority of iPhones in China, and products imported to the U.S. from China will be subject to a 54% tariff. iPhone prices could increase by up to 43% in the U.S. due to the...
iOS 19 Mock WWDC25 Feature

iOS 19 Expected to Run on These iPhones

Monday March 31, 2025 5:28 pm PDT by
iOS 19 will not be available on the iPhone XR, iPhone XS, or the iPhone XS Max, according a private account on social media site X that has accurately provided information on device compatibility in the past. The iPhone XR, iPhone XS, and iPhone XS Max all have an A12 Bionic chip, so it looks like iOS 19 will discontinue support for that chip. All other iPhones that run iOS 18 are expected...
iphone 16 pro colors 1

Is Now the Time to Upgrade Apple Devices Before Tariffs Lead to Price Increases?

Friday April 4, 2025 3:41 pm PDT by
If you have an older Apple device that you've been considering upgrading, you're probably wondering how the newly announced tariffs might impact prices going forward, and whether it's worth buying now before there's a price hike. Given analyst and economist responses to the tariffs, market panic, and Trump's stance on the current financial chaos, the answer is that making a purchase...
iPhone 17 Pro 34ths Perspective

iPhone 17 Pro: New 48MP Telephoto Lens May Change How Zoom Works

Thursday April 3, 2025 5:11 am PDT by
Apple is reportedly planning a major upgrade to the Telephoto camera in the iPhone 17 Pro, and while it may seem like a step back on paper, the change could actually improve real-world usability, if one leaker's claims are anything to go by. According to Majin Bu, the iPhone 17 Pro will feature a new Telephoto lens with a 48MP sensor, up from the current 12MP sensor found in the iPhone 16...
watchOS 11 Thumb 2 1

Apple Releases watchOS 11.4 With Sleep Alarm Update

Tuesday April 1, 2025 10:34 am PDT by
Apple today released watchOS 11.4, the fourth major update to the operating system that runs on the Apple Watch. watchOS 11.4 is compatible with the Apple Watch Series 6 and later, all Apple Watch Ultra models, and the Apple Watch SE 2. watchOS 11.4 can be downloaded on a connected iPhone by opening up the Apple Watch app and going to General > Software Update. To install the new software,...
iOS 18

12 New Things Your iPhone Can Do in iOS 18.4

Tuesday April 1, 2025 4:06 am PDT by
Apple has released iOS 18.4, bringing further refinements to Apple Intelligence features, a neat new capability to iPhone 15 Pro devices, new emoji, and more. While not quite as packed with new features as Apple's preceding iOS 18 point releases, iOS 18.4 still introduces enhancements that aim to make your iPhone smarter and more intuitive. Below, we've listed 12 new things your ‌iPhone‌ ...