Tag - Lodsys
An east Texas judge, Rodney Gilstrap, has issued a ruling blocking Apple from intervening on behalf of iOS app developers pursued by Lodsys, reports say. The order, handed down last Tuesday, also allows Lodsys to settle individually with each of the developers it has been leveling patent claims against. Apple has been seeking to intervene on behalf of developers for two years, arguing that it since it licensed patents (now owned by Lodsys) from Intellectual Ventures for in-app purchases, third-party developers are already protected.
Patent holding firm Lodsys has agreed to mutual charitable donations as settlement in its case against TMSOFT, a developer of various Mac and iOS apps. The person behind TMSOFT, Todd Moore, described the case as a "frivolous lawsuit" and notes that the case has been dismissed "with prejudice," preventing Lodsys from suing him again. He adds that he wasn't forced to sign a confidentiality agreement, but that he also isn't allowed to sue Lodsys, which could've been used to have courts rule the company's patents invalid.
Patent holder Lodsys had added Disney to the list of companies it is pursuing with lawsuits over in-app purchases, reports say. In a new court filing, Where's My Water? and other unspecified Disney apps are said to violate Lodsys' '565 and '078 US patents. "Prior to filing this complaint, Lodsys informed Disney of the patents-in-suit and offered to enter into a licensing arrangement that would allow Disney to continue practicing the inventions claimed in patents-in-suit," the filing continues. "Disney, however, chose not to enter into a licensing agreement. Instead, with knowledge of the patents-in-suit and disregard for Lodsys' patent rights, Disney chose to continue its infringement."
The otherwise-stagnant Lodsys lawsuit has shown signs of life after six months of inactivity. According to a blog post on the Lodsys website, during the inter-parties reexamination requested by Google, the United States Patent Trade Office has confirmed the non-practicing entity's patent as valid after on in-app purchases and free-to-paid application upgrades.
Courts have finally allowed Apple to involve itself in an ongoing lawsuit filed by Lodsys against a number of app developers. Apple in June filed a motion to intervene, however the request was met by opposition from Lodsys and further stalled as the case was swapped to Judge Rodney Gilstrap.
Apple is hoping to corner the app market with a USPTO patent filing published Thursday. A submission for "In Application Purchasing" appears to cover the basics of what most app stores use today, letting users buy content from within an app from an outside content store as though it were from within the app. Some variants can put up an overlay to bring up the purchase, and the app itself could be an HTML5 web app, not just native.
Lodsys has widened the scope of its patent trolling to include BlackBerry developers, new accounts revealed late Wednesday. At least Lonely Turret developer Rotten Ogre has been targeted for selling apps in the US with in-app purchases. It hasn't been sued but has faced Lodsys' common strategy, where it offers a licensing deal knowing that the developer can't afford to challenge the legitimacy of the patents in question, the Globe and Mail said.
Lodsys showed potential strain in its lawsuit after it issued a sur-reply to Apple's own response. Originally submitted earlier in the month but just discovered Monday, the response makes the questionable claim that Apple can't motion because some of the app developers sued challenge the validity of the patents. Similarly, it contends that the license it has with Apple doesn't make it a licensor and makes generic claims towards Apple having not somehow satisfied a "heavy burden."
Google has at last taken steps to try and protect Android developers from the wide-ranging Lodsys lawsuit, the company's general counsel Kent Walker stated Saturday. The company has asked the USPTO to reexamine the validity of two patents for in-app purchases that "should never have been issued," according to Walker. The approach described to Wired would either narrow the scope of the complaints or invalidate the patents entirely, likely forcing Lodsys to either limit the reach of lawsuits or toss them out entirely.
Four major parties defending themselves against Lodsys' legal accusations are actively petitioning the court to accept Apple's intervention request. Game publishers Atari, Electronic Arts and Square-Enix were joined by Quickoffice in sending a letter to the court yesterday, urging it to grant Apple's motion. All four companies are being represented in the matter by the same lawfirm, Gibson, Dunn & Crutcher. The first three have yet to even be served their summons however, and state that they are stepping in early to "ensure that their voices are heard in connection with the pending motion to intervene."
Now AAPL Stock: 150.27 ( -0.07 )
Cirrus creates Lightning-headphone dev kit
Apple supplier Cirrus Logic has introduced a MFi-compliant new development kit for companies interested in using Cirrus' chips to create Lightning-based headphones, which -- regardless of whether rumors about Apple dropping the analog headphone jack in its iPhone this fall -- can offer advantages to music-loving iOS device users. The kit mentions some of the advantages of an all-digital headset or headphone connector, including higher-bitrate support, a more customizable experience, and support for power and data transfer into headphone hardware. Several companies already make Lightning headphones, and Apple has supported the concept since June 2014. http://bit.ly/29giiZj
Apple Store app offers Procreate Pocket
The Apple Store app for iPhone, which periodically rewards users with free app gifts, is now offering the iPhone "Pocket" version of drawing app Procreate for those who have the free Apple Store app until July 28. Users who have redeemed the offer by navigating to the "Stores" tab of the app and swiping past the "iPhone Upgrade Program" banner to the "Procreate" banner have noted that only the limited Pocket (iPhone) version of the app is available free, even if the Apple Store app is installed and the offer redeemed on an iPad. The Pocket version currently sells for $3 on the iOS App Store. [32.4MB]
Porsche adds CarPlay to 2017 Panamera
Porsche has added a fifth model of vehicle to its CarPlay-supported lineup, announcing that the 2017 Panamera -- which will arrive in the US in January -- will include Apple's infotainment technology, and be seen on a giant 12.3-inch touchscreen as part of an all-new Porsche Communication Management system. The luxury sedan starts at $99,900 for the 4S model, and scales up to the Panamera Turbo, which sells for $146,900. Other vehicles that currently support CarPlay include the 2016 911 and the 2017 models of Macan, 718 Boxster, and 718 Cayman. The company did not mention support for Google's corresponding Android Auto in its announcement. http://bit.ly/295ZQ94
Apple employees testing wheelchair features
New features included in the forthcoming watchOS 3 are being tested by Apple retail store employees, including a new activity-tracking feature that has been designed with wheelchair users in mind. The move is slightly unusual in that, while retail employees have previously been used to test pre-release versions of OS X and iOS, this marks the first time they've been included in the otherwise developer-only watchOS betas. The company is said to have gone to great lengths to modify the activity tracker for wheelchair users, including changing the "time to stand" notification to "time to roll" and including two wheelchair-centric workout apps. http://bit.ly/2955JDa
SanDisk reveals two 256GB microSDXC cards
SanDisk has introduced two 256GB microSDXC cards. Arriving in August for $150, the Ultra microSDXC UHS-I Premium Edition card offers transfer speeds of up to 95MB/s for reading data. The Extreme microSDXC UHS-I card can read at a fast 100MB/s and write at up to 90MB/s, and will be shipping sometime in the fourth quarter for $200. http://bit.ly/294Q1If
Apple's third-quarter results due July 26
Apple has advised it will be issuing its third-quarter results on July 26, with a conference call to answer investor and analyst queries about the earnings set to take place later that day. The stream of the call will go live at 2pm PT (5pm ET) via Apple's investor site, with the results themselves expected to be released roughly 30 minutes before the call commences. Apple's guidance for the quarter put revenue at between $41 billion and $43 billion. http://apple.co/1oi1Pbm
Twitter stickers slowly roll out to users
Twitter has introduced "stickers," allowing users to add extra graphical elements to their photos before uploading them to the micro-blogging service. A library of hundreds of accessories, props, and emoji will be available to use as stickers, which can be resized, rotated, and placed anywhere on the photograph. Images with stickers will also become searchable with viewers able to select a sticker to see how others use the same graphic in their own posts. Twitter advises stickers will be rolling out to users over the next few weeks, and will work on both the mobile apps and through the browser. http://bit.ly/29bbwUE