LodSys Targets More Android Developers, Adds A BlackBerry Developer As Well.

LodSys targets more Android Developers, http://snapvoip.blogspot.com/
Likes of LodSys, known as NPE, non practicing entity or more commonly as a patent troll has sent out more notices to Android developers and this time have added a BlackBerry developer as well. Perhaps they thought with all the trouble RIM is in, they might not jump in like Apple and Google did to defend their developers. Even Novel went against LodSys.
But even the Google's invalidation request or Lodsys patent reexamination request and Apple's intervention on bealf of it's developers against LodSys are yet to bring any results. To be fair, Apple has done more for it's developers than Google. We have not come across any such information, if Google answered any of the developers questions regarding LodSys letters.
But there are people who want to help, EFF, Electronic Frontier Foundation is going to hold a LodSysed BootCamp, to explain to all those developers, how deep the waters they are in and how not to drawn.
Patent Trolls suck but one need to follow the law! We are thinking of instead of developing apps, go patent some stupid things and sue everyone or sell those patents!
Read more about the letters at FOSS Patents who says that he is going to write less about troll like LodSys and concentrate on how big boys play!

Google Asks USPTO To Reexamine Lodsys Patents

Google Asks To Reexamine Lodsys Patents http://snapvoip.blogspot.com/
Some how I missed this report by Wired about Google reacting to Lodsys' litigation against App developers. Google have requested USPTO for reexamination of two of Lodsys's four patents: the '078 patent and the '565 patent, both of which were used in litigation against app developers.
But again, FOSS Patents tells us that this request by itself might not be enough unless Google supplements it with more useful and forceful measures. With our limited law knowledge we do not know what those measures are (you can follow and read those articles to understand better) but we applaud the Google's move. Those app developers do not have the means to continue in such quests.
Apple is also actively engaged in these litigious cases by Lodsys to support developers.
Hopefully this will get a stay on the lawsuits (FOSS patents think this is hard because Eastern Texas courts where Lodsys filled the cases has a habit of only staying 20% of the law suits) but I guess 20% is better than none. EFF has also sounded on the issue;

“Reexaminations are often times a tool used to stay ongoing litigation, It’s much, much cheaper than federal litigation, which on average costs between two and five million dollars.” ” said Julie Samuels, staff attorney for the Electronic Frontier Foundation, a non-profit digital rights advocacy group.

Wired via FOSS Patents

Apple Being Sued For Patent Infringement In Fast Booting of Mac OS X.!

Patent Infringement By Apple http://snapvoip.blogspot.com/
Operating Systems Solutions, LCC, has filed a patent infringement lawsuit against Apple for OS X's fast booting operation.
Patently Apple, site celebrating Apple's inventions thinks this a work of patent troll and that LG Electronics is involved some where in the equation.
Looking at the patent, it looks like a legitimate patent and does not seem to be like many Broad patents that are in the play now in the mobile arena. Except for the fact that Operating Systems Solutions, LCC, does not make laptops or computers that use the patent technology, I do not see any similarity to the likes of Lodsys or Macrosolve.
FOSS Patents has a much better review of the fact and thinks it is a precursor to a wider patent war between Apple and LG.
I do not believe in ridiculous patents, that includes some of Apples but I think it is need to be watched as over all, innovation or simple app developments have been thwarted by stupid patents.
Apple should also know when it tries to clamp down on competitors, someone somewhere will use the same sword on Apple. So Apple use that 70 Billion and start buying some more patents, like

FOSS Patents via Patently Apple

Like in these cases and others we use part of the public record for journalistic news posting purposes. Readers should know that we do not offer a legal opinion on the merit of these cases and lawsuits, simply because we have no legal knowledge. The knowledge comes from what we read. Also we do not like patents in the way now issued by USPTO and used by companies and partial. Basically we call most of these patent holders trolls.

Rdio iPad App Is Ready For You In The Apple's App Store.

Rdio iPad App http://snapvoip.blogspot.com/
With most of the streaming music apps like Spotify, Rdio getting stretched and pixelated on the iPad (and other tablets) it is good to see Rdio finally releasing the iPad specific app. App was ready but did not arrive in the App store for a while.
Other than the app being tested as per Apple's approval process, there seem to be Apple's subscription game playing and winning, with some twists this time with Rdio. There seem to be a difference with Rdio after Rdio gave in. Apple's in-app purchase (Do the Lodsys trolls live here?) wins and lives for Rdio subscriptions, for $14.99 for a month but the same could be had for $9.99 from Rdio site.
You can find the iPad app here.

Rdio via TC

LodSys Challanged By Novell On Two Core Patents.

Novell Challenges LodSys http://snapvoip.blogspot.com/
Novell, one of the ten companies to be sued by LodSys in February has responded by challenging two core patents of LodSys, one of which LodSys used to sue those little app developers. Novell denied Lodsys's claims, and also brought counterclaims, requesting declaratory judgment of invalidity (and non-infringement) of Lodsys's two core patents,
Novell joins Brother and Lenovo in bringing counterclaims and seven other seeking declaratory judgment against LodSys. The first company to request Declaratory judgment was by Foresee Results, representing companies sued by LodSys.
As usual, you can read more about the issue at FOSS Patents.

LodSys Goes On Patent Rampage, Sues Ten More Companies, Including Adidas And Best Buy.

LodSys Goes On Patent Rampage http://snapvoip.blogspot.com/
LodSys have added ten more companies to the list of little App developers and the large companies like HP, Samsung and Motorola Mobility. The difference is they are suing two companies that is seeking  declaratory judgment action against LodSys through case filed by ForeSee Results in Chicago.
As usual the lawsuits are filled in the U.S. District Court for the Eastern District of Texas and the ten companies are
Adidas, Best Buy, Best Western, CVS Caremark, Sam's Club, Black & Decker, The Container Store, The Teaching Company, Vegas.com, and Vitamin Shoppe.

The assertions are;

1.    adidas America Inc.: "surveys on www.shopadidas.com" ('908 patent)
2.    Best Buy (BBY Solutions, Inc.): "surveys on www.bestbuy.com" ('908 patent)
3.    Best Western International, Inc.: "surveys on www.bestwestern.com" ('908 patent)
4.    CVS Caremark Corporation: "surveys on www.cvs.com" ('908 patent)
5.    Sam's Club (Sam's West, Inc.): "feedback soliciting FAQs on www.samsclub.com" ('078 patent)
6.    Black & Decker (Stanley, Black & Decker, Inc.): "feedback soliciting FAQs on  www.blackanddecker.com" ('078 patent) and "surveys on www.blackanddecker.com" ('908 patent)
7.   The Container Store, Inc.: "surveys on www.containerstore.com" ('908 patent)
8.   The Teaching Company, LLC: "surveys on www.thegreatcourses.com" ('908 patent)
9.   Vegas.com, LLC: "surveys on www.vegas.com" ('908 patent)
10.  Vitamin Shoppe, Inc.: "live interactive chat on www.vitaminshoppe.com" ('078 patent) and "surveys on www.vitamenshoppe.com" ('908 patent)

So now there are 27 companies going against LodSys, including those little App Developers. I think there will be more and it is heating up.
I also like to see some action in the front created by Macrosolve, the other Patent
FOSS Patents again have amassed the information regarding these lawsuits and could be found in this post. You will find many related documents as well as Mueller's analysis.

Apple Files Motion To Intervene Against LodSys

Apple Files Motion To Intervene Against LodSys http://snapvoip.blogspot.com/

As expected, even though a bit late, Apple has stepped up to the plate and filed a motion to intervene against the proceedings against iOS app Developers that LodSys targeted.
FOSS Patents has uploaded the motion and its attachments (except for a sealed one) to this Scribd folder.
We hope that court court grants the Apple to be an intervenor, Apple already has the answer to complaint and the counterclaim filed.
We are very much interested in this development and wish that the court grants Apple's and our wish and mainly those developers who got sued. Interpreting the motion, Apple seems to backing those developers, as it stated explicitly that the sued app developers are;
"are individuals or small entities with far fewer resources than Apple and [...] lack the technical information, ability, and incentive to adequately protect Apple's rights under its license agreement."
Even though Apple is not seeking to invalidate LodSys patents, at the moment, there are others who do.
FOSS Patents has much more information on the matter and more.

LodSys Patents, All Four Of Them, Unde Invalidation Lawsuit/Attack In Illinois.

LodSys Gets An Invalidation Attack http://snapvoip.blogspot.com/
ForeSee Results Inc. a A Michigan company  has filed a declaratory judgment suit against Lodsys's four patents with the U.S. District Court for the Northern District of Illinois in behalf of it's clients, which include Adidas, Bestbuy and WE Energie.
The reason and the idea of filing the case in Illinois seem to be wise, according to experts on the matter. One of the reasons given was

"Upon information and belief, this Court has personal jurisdiction over Lodsys because Lodsys' Chief Executive Officer and sole employee resides in, and conducts business from, this Judicial District."

Any which way I hope this will work out for the better. If this works out in time, perhaps those little app developers could ask for a stay pending these lawsuits. You can read more about this case and other counter cases against LodSys at FOSS Patents.

MacroSlove Is On The Patent Lawsuit March And Sues 20 More Companies.

MacroSlove Is On The Patent Lawsuit March http://snapvoip.blogspot.com/
I really do not like patents, even the well formed and better and acceptable ones.  But Patent sharks or trolls like MacroSlove, LodSys, I really do not like.
MacroSolve  sued ten companies, for violating / infringing their electronic questionnaire (i.e., forms) patent, in two separate instances.
This time Macrosolve has selected another 20 companies to sue and done so in Troll friendly Eastern District of Texas.
FOSS Patents cover the report very well and I invite you to visit the blog to read the article. But I found the following to be nice. So if you know your patents, here is an opportunity to prove yourself and bag $5000.

Article One Partners (a patent-related crowd sourcing company) announced a bounty of $5,000 for invalidating MacroSolve's patent-in-suit. I think Article One Partners does some good stuff, and I really hope MacroSolve's patent will be invalidated.

FOSS Patents

Lodsys Sues Seven App Developers In East Texas, Includes Android App

http://snapvoip.blogspot.com/
My last post about Lodsys was "Will Apple's Letter To Lodsys Save App Deelopers?" based on information gathered at Foss Patents blog. And again through the same blog, I learn that at least it did not save seven developers who are being sued in the U.S. District Court for the Eastern District of Texas, the troll-friendly venue.
Lodsys also says that it disagrees with Apple has responded to Apple via a letter about ""a detailed legal position on the license interpretation issue"". Lodsys invites Apple to publish the letter. Lodsys also says that it will pay $1000 to all the developers whom it sent letters of infringement, if it turns out that the scope of Apple's existing license rights apply to fully license developers who develop for iOS
The seven app developers being sued, includes at least one app is from the Android camp, one MAC app (Twitterfic) and two of the seven developers are from outside of the USA.
The Seven developers are;

• Combay, Inc. of Roanoke, Texas; accused of infringement of Lodsys's '565 and '078 patents with (at least) Mega Poker Online Texas Holdem for iPhone
• Iconfactory, Inc. of Greensboro, North Carolina; accused of infringement of Lodsys's '565 and '078 patents with (at least) Twitterrific for iPhone, Twitterriffic for iPad, and Twitterriffic for Mac
• Illusion Labs AB of Malmö, Sweden; accused of infringement of Lodsys's '565 and '078 patents with (at least) Labyrinth for iPhone and Labyrinth for Android
• Michael G. Karr [doing business as] Shovelmate of Las Vegas, Nevada; accused of infringement of Lodsys's '565 and '078 patents with (at least) 69 Positions for iPhone
• Quickoffice, Inc. of Austin Texas; accused of infringement of Lodsys's '565 and '078 patents with (at least) Quickoffice Connect for iPhone
• Richard Shinderman of Brooklyn, New York; accused of infringement of Lodsys's '565 and '078 patents with (at least) Hearts and Daggers for iPhone
• Wulven Games of Hanoi, Vietnam; accused of infringement of Lodsys's '565 and '078 patents with (at least) Shadow Era for iPhone

There is too much legal mambo jumbo surrounding this issues and if you are really interested, visit FOSS Patents to read a more legalistic view of the matter. You will also find the links to Lodsys blogs etc.
FOSS Patents

Will Apple's Letter To Lodsys Save App Deelopers?

Apple's letter to Lodsys http://snapvoip.blogspot.com/
After being elated by Apple's letter to Lodsys yesterday, I feel I am back to square one again. One thing is, this is not something that Apple is fighting the patent (they already licensed it)and telling Lodsys that it does not understand the agreement or there is a misunderstanding.
Even if Apple stand behind the app developers, what if the same app developer makes Android version of it? Will Google depend the developer like Apple? Answers to all these are in the air.
So I went looking for answers and I landed on FOSS Patents blog that does a very good analysis of the situation. After reading the article, the confidence that the developers will prevail, need to be weighted. The developer reactions like TLA Systems' developer James Thomson, one who got a letter from Lodsys who told Macworld;
"“I am extremely relieved that Apple has stood up for its developers against these patently unfair claims by Lodsys, I always believed they would, but it’s a huge weight off my shoulders to see it written in black and white. The last ten days have been some of the most stressful of my professional career, and I’d just like to say thanks to Apple and all our customers and friends who have been highly supportive of us during this time.”"  need to be rethinked. Now what about MacroSolve?.
Yes I think everyone should at least read the article on FOSS Patents.

Apple To Lodsys, "Withdraw Patent Claims Against Our Developers"!

Apple  Lodsys iOS developers http://snapvoip.blogspot.com/

Not many times I take my hat off for Apple but today is one of those days. Apple has notified Lodsys via email and a letter to leave Apple's developers alone. That the license Apple obtained, covers all it's developers.
Patent trolls has been out looking for easy pickings like small app developers. I hope other big boys too wake up and come forward, like apple did.

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.

 I do not think it will end here but I can bet that iPad2, I have not bought yet, Apple will prevail.
Crunchgear has the complete letter from Apple

If Lodsys Was Bad, Macrosolve Is Worst! Sues Little App Developers First, Ask Questions Later.

MacroSolve is nastier that Lodsys http://snapvoip.blogspot.com/
If you thought Lodsys was a bad patent troll, it seems MacroSolve is worst, from the way they attack and the patent itself. I like to see how the community respond to this. Microsolve seem to sue first and ask questions later with their broad patent. Every patent I see, makes me wonder what type of morons man stations at USPTO. I hope enough people will work together to get this patent invalidated, electronic forms and data exchange over the internet is as old as the WWW itself. I see every web page as a electronic form; you type an address into your browser and you are provided with data and response.
According to the FOSS Patents of Florian Mueller (and he has a better write up as well);

In terms of lending itself to incredibly broad interpretations and infringement allegations, MacroSolve's patent-in-suit is similarly dangerous as Lodsys's in-app upgrade patent. MacroSolve is suing companies over U.S. Patent No. 7,822,816 on a "system and method for data management", "including the steps of: creating a questionnaire; transmitting the questionnaire to a remote computer; executing the questionnaire in the remote computer to prompt a user for responses to questions of the questionnaire; transmitting the responses to a sever via a network; making the responses available on the Web." In other words, anyone who distributes electronic forms via the Internet or to mobile devices and then collects and evaluates the answers could be accused of infringing the patent.

I really hope people will come together and fight this unbelievable patent. I agree with Florian, hoping that Google, Apple, Microsoft and RIM get together and thwart this nonsense.
FOSS Patents

Lodsys Says It Is Right To Target And Sue iOS Developers On "in-app" Purchase Button.

http://snapvoip.blogspot.com/
Lodsys launched a patent battle against iOS developers over their use of in-app purchases is defending their practice saying that it is protecting and trying to get paid for the innovations.

So what does this patent cover? Aparently if you have a free app with an "upgrade" button to jump from free to full version, you are in the cross hairs. Like Computer LogicX;

"Our app, Mix & Mash, has the common model of a limited free, lite, version and a full version that contains all the features. We were told that the button that users click on to upgrade the app, or rather link to the full version on the app store was in breach of US patent no 7222078," said Computer LogicX's Rob Gloess. "We couldn't believe it, the upgrade button!?!"

But the problem is even if Computer Logix and others want to deal with the problem, they can't due to the iOS development agreement with Apple, developers are forbidden from entering in to a contract with other companies without Apple's explicit permission.
So for now they have contacted Apple.
After all the negative press and the like, through some blog posts, Lodsys brings some convaulted argument saying that it is right to sue, providing following analogy;

"It is the owner of the hotel who is responsible for the overall service (value proposition) that guests pay for, not the owner of the land that the hotel may be leasing, not the travel agent that sold the reservation, not the manufacturer of tools such as hammers, nor the provider of materials such as nails or steel beams, which may be used in building the hotel; nor is it the outsourced linen washing service or the architect of the building who is responsible," Lodsys wrote on its blog. "Lodsys' patent portfolio is being used as a part of an overall solution and we are seeking to be paid for the use of patent rights by the accountable party."

That’s like saying a hotel owner should pay royalties based on a patent for hammers used in the construction of the hotel, according to Tidbits.
While I dislike patent trolls, I have no legal knowledge of any of these things. Hope Apple's legal team not be cowards in this end.