(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
189 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
189 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
189 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
189 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
189 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
189 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

top stories 2025 12 20

Top Stories: iOS 26.3 Beta, Major Apple Leaks, and More

Saturday December 20, 2025 6:00 am PST by
You'd think things would be slowing down heading into the holidays, but this week saw a whirlwind of Apple leaks and rumors while Apple started its next cycle of betas following last week's release of iOS 26.2 and related updates. This week also saw the release of a new Apple Music integration with ChatGPT, so read on below for all the details on this week's biggest stories! Top Stories i...
maxresdefault

Where's the New Apple TV?

Monday December 22, 2025 11:30 am PST by
Apple hasn't updated the Apple TV 4K since 2022, and 2025 was supposed to be the year that we got a refresh. There were rumors suggesting Apple would release the new Apple TV before the end of 2025, but it looks like that's not going to happen now. Subscribe to the MacRumors YouTube channel for more videos. Bloomberg's Mark Gurman said several times across 2024 and 2025 that Apple would...
iPhone Top Left Hole Punch Face ID Feature Purple

iPhone 18 Pro Features Leaked in New Report, Including Under-Screen Face ID

Tuesday December 16, 2025 8:44 am PST by
Next year's iPhone 18 Pro and iPhone 18 Pro Max will be equipped with under-screen Face ID, and the front camera will be moved to the top-left corner of the screen, according to a new report from The Information's Wayne Ma and Qianer Liu. As a result of these changes, the report said the iPhone 18 Pro models will not have a pill-shaped Dynamic Island cutout at the top of the screen....
ios 18 security update

Don't Want to Upgrade to iOS 26? Here's How to Stay on iOS 18 [Update: Now Unavailable]

Friday December 19, 2025 10:37 am PST by
Since the beginning of December, Apple has been pushing iPhone users who opted to stay on iOS 18 to install iOS 26 instead. Apple started by making the iOS 18 upgrades less visible, and has now transitioned to making new iOS 18 updates unavailable on any device capable of running iOS 26. If you have an iPhone 11 or later, Apple is no longer offering new versions of iOS 18, even though there...
iPhone Chips

Apple Clings to Samsung as RAM Prices Soar

Monday December 22, 2025 6:17 am PST by
Apple is significantly increasing its reliance on Samsung for iPhone memory as component prices surge, according to The Korea Economic Daily. Apple is said to be expanding the share of iPhone memory it sources from Samsung due to rapidly rising memory prices. The shift is expected to result in Samsung supplying roughly 60% to 70% of the low-power DRAM used in the iPhone 17, compared with a...
apple beta 26 lineup

Apple's 2026 and 2027 Product Roadmap: Foldable iPhone, iPhone 18 Pro, M5 Macs, and More

Tuesday December 16, 2025 4:42 pm PST by
There has been a whirlwind of rumors over the last few days, sourced from leaked internal software designed for the iPhone and the Mac, and news sites like The Information. Below, we have a quick recap of everything we've heard this week, which serves as a guide to Apple's product plans in 2026 and beyond. We've organized the info by likely release date, though there are some products that...
generic tracking prompt orange

Apple Hit With Supersized Fine in Italy Over an iPhone Privacy Feature

Monday December 22, 2025 7:47 am PST by
Italy's Competition Authority (AGCM) has imposed a €98.6 million ($116 million) fine on Apple over its App Tracking Transparency feature. Since the release of iOS 14.5 in April 2021, Apple has required apps to ask for permission before tracking a user's activity across other apps and websites for personalized advertising, as part of a feature named App Tracking Transparency. If a user...