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Lodsys blinks

Lodsys decided over the weekend to dismiss its case against Kaspersky with prejudice. Instead of facing a jury, Lodsys will slink away instead. It was an unconditional surrender.

Good.

Judge rejects Apple’s motion against Lodsys

Back in May, 2011, a number of small Apple developers using Apple’s in-app payment system received a legal complaint from Lodsys, threatening a lawsuit if the developer didn’t agree to license a specific Lodsys patent.

Within months, that brought a legal challenge by Apple, which saw a clear threat to its ecosystem. Apple had already paid to license Lodsys patents when they were in the hands of an earlier owner—Intellectual Ventures. So Apple went to court, arguing that Lodsys can’t demand additional payments by threatening iOS developers.

Now, after two years of litigation, it’s back to square one. The East Texas judge overseeing Lodsys’ systematic patent attack on app developers has refused to even consider Apple’s motion. Instead, he allowed the patent-holding company to settle all its cases—and then dismissed Apple’s motion as moot. By doing so, US District Judge Rodney Gilstrap—who has inherited the patent-happy East Texas court that once belonged to patent-troll favorite T. John Ward—has enabled Lodsys to threaten developers for months, and perhaps even years, to come.

This is infuriating.

The problem seems to be that all of the iOS developers mentioned in Apple’s complaint have, quite understandably, settled with Lodsys.

Judge Gilstrap ruled that Apple’s motion only applied to the seven defendants in the case. If they were out, the case was done. He ignored the Apple and developer arguments about the widespread nature of Lodsys’ campaign, declining to see any broader issue.

While Apple’s legal challenges continue, Lodsys continues to sue developers. In the meantime, Lodsys is getting countersued by companies they have pursued, such as Martha Stewart Living Omnimedia.

Lodsys had demanded Stewart pay $20,000—$5,000 for each of its iPad apps. Instead, Stewart sued Lodsys in Wisconsin, where Lodsys CEO Mark Small lives. (Lodsys’ official office, like so many patent-holding companies, is just an office suite in Marshall, Texas.)

Despicible situation.

Oracle sues patent troll Lodsys

Oracle has filed a legal complaint against Lodsys — the company that’s taken aim at app makers on Apple’s iOS, Google’s Android, and other technology platforms for infringing on its patents — with the hopes of invalidating them.

Go Oracle!

∞ Developers 'extremely grateful' for Apple's letter to Lodsys

There is no doubt iOS developers are breathing a little easier today after Apple’s letter to patent holding company Lodsys.

“It’s been the longest ten days that I can remember,” PCalc developer James Thomson, told The Loop. “When I got the original FedEx parcel, I honestly thought somebody had sent me a present. To say I was surprised by the contents would be an understatement.”

Ken Landau, CEO of MobileAge agrees. “There is certainly a feeling of relief, he said.

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