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Lodsys sues developers over Apple patent infringement

By Dan Moren
May 31, 2011 07:06 PM ET

Macworld - If you thought that the news that Apple was backing its iOS developers would scare off the patent-infringement allegations of intellectual property firm Lodsys, think again. On Tuesday, Lodsys filed suit against seven developers for patent infringement in the U.S. District Court for the Eastern District of Texas. The company also once again took to its website to clarify its position and restate its earlier claims.

This latest salvo in the three-way battle between Lodsys, Apple and third-party developers comes less than a week before Apple kicks off its annual Worldwide Developers Conference. On Tuesday, Apple announced it would show off the latest version of its mobile operating system, iOS 5, at a Steve Jobs-led keynote. On its site, Lodsys said that it moved its litigation timetable up "in response to Apple's threat," so that it can "preserve its legal options."

Filing suit in Texas is unsurprising, as that particular district is often considered to be friendly to plaintiffs in intellectual property disputes. Legal blog FOSS Patents reports that the companies sued by Lodsys include, among others, The Iconfactory, Quickoffice and Illusion Labs; in an interesting move, Lodsys alleges that the violation of two of its patents occurs in not just iPhone apps, but Android and Mac apps as well. At present, it appears that at least a few of the developers who received letters from Lodsys have escaped this round of lawsuits; several of the named defendants are based outside of the U.S.

The legal action follows a series of back-and-forth claims and counterclaims by Lodsys and Apple. In its letter to Lodsys last week, Apple maintained that the company "is undisputedly licensed to these patents and the Apple App Makers are protected by that license." Despite Apple's position, Lodsys has gone ahead and disputed the claims anyway, stating that it has been engaged in confidential discussions with Apple and that "there was clearly disagreement on the interpretation of the license terms of Apple's agreement."

On its website, Lodsys also says that it has sent a letter to Apple containing its full legal position, but cannot publish the communication, as it contains confidential information from Apple. Macworld has reached out to Apple for comment, but has not received a reply as of this writing.

Lodsys seems pretty sure of its position, however. The company has promised that it will pay $1000 to any developer that it has accused of infringement if it is determined that Apple's license covers third-party developers. Then again, that fee may pale next to any costs incurred during a protracted legal battle.

Originally published on www.macworld.com. Click here to read the original story.
Reprinted with permission from Macworld.com. Story copyright 2012 Mac Publishing, LLC. All rights reserved.
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