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Lodsys requests two extra months to respond to Apple [u]

updated 03:45 pm EDT, Wed June 22, 2011

Campaign against Android developers continues

(Updated with refiling news) Patent holder Lodsys has asked a Texas court for an extra two months in order to respond to Apple's motion to intervene, according to new documents. Without the filing Lodsys would have had to respond by June 27th, but may soon have until the end of August 27th. The company writes that it is not looking to delay proceedings, and has in fact "conferred with counsel for Apple and Apple does not oppose the relief requested herein."

Apple became embroiled in the legal battle with Lodsys after the latter began following up on threats and suing app developers. Lodsys claims that its patents prevent developers from using in-app purchase systems without a license. Apple, though, insists that its own licenses represent an umbrella for anyone selling apps through the App Store.

Lodsys is reportedly continuing to send out letters to developers asking for license payments, which could create serious financial trouble for smaller outfits. Both iOS and Android developers have been targeted. Still missing in the equation is Google, which has yet to attempt any formal intervention on behalf of Android coders.

Update: Having barely filed the original motion, Lodsys has already submitted a new one. Instead of requesting a two-month extension the company is now only demanding a single month, through July 27th. The new filing may stand a greater chance of success.




by MacNN Staff

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  1. MonkeyMan9000

    Joined: Dec 1969

    +14

    the law has to change

    The law has to change, so we can get rid of these parasites that patent the obvious and produce nothing to society with their patents. Patents have to protect the creative mind who brings improvements or inventive, useful products to society, not parasites.

  1. Makosuke

    Joined: Dec 1969

    +2

    What would be interesting...

    First of all, software patents are flat-out stupid, and should not exist.

    That said, I was thinking of ways to prevent inventors with legitimate patents from just sitting on their inventions and preventing anyone else from using it (for example, if a large company patented something that would replace an existing device of theirs, then never actually used it, to prevent competitors from one-upping them).

    This isn't practical, but one way of doing that would be having an automatic licensing system like the recording industry has with mechanical reproduction rights. You could basically use a patent without prior agreement by paying some percentage of the cost of the device. You, like artists doing covers, could also negotiate a LOWER rate than the default, but that way at least it would be possible to make use of good ideas, while still guaranteeing the inventor some income.

    It would not, however, help with this sort of predatory lawsuit about existing products falling under old patents. Then again, since lawyers are involved, not much short of pitchforks and torches will really help much.

  1. LouZer

    Joined: Dec 1969

    +1

    Re: What would be interesting...

    That said, I was thinking of ways to prevent inventors with legitimate patents from just sitting on their inventions and preventing anyone else from using it (for example, if a large company patented something that would replace an existing device of theirs, then never actually used it, to prevent competitors from one-upping them).

    Nothing about the patent system prevents you from one-upping the competition. You also are not prevented from being like a patent. You just have to show how yours is different from any/all competitors in several (I think 4) areas.

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