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."
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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
French show carries on with iPhones
Following a prolonged power loss in a French TV studio, the crew was able to use a combination of limited studio lighting and a number of iPhones to continue taping the Saturday episode of talk show On n'est pas couché ("We're Still Awake"), using the resulting footage in the first edited episode. The Plus-model iPhones used for the impromptu shoot completion were either iPhone 6 Plusses (which shoot in 1080p) or 6s Plus models (which can shoot in 4K). The decision to use the iPhones to complete the show was made after a power outage at France 2's studio stretched to more than three hours. http://bit.ly/299wqDt
Scrivener for iOS to arrive in late July
For some long-time Scrivener users, to quote Paul Simon, "these are the days of miracle and wonders." As it marks its 10th anniversary in business, developer Keith Blount has announced that the long-awaited iOS version of his creative-writing tool Scrivener is to be submitted to the App Store, following strong praise from beta-testers. The program, expected in late July, will sell for $20 and work with both the iPad and iPhone. When we interviewed Blount last January, he added that Scrivener 3 for Mac would follow along shorty afterwards. http://bit.ly/2901XLE
WhatsApp now handles over 100M calls daily
WhatsApp is celebrating that it is being used for over 100 million calls every day. In a brief notice, the Facebook-owned messaging platform advises the voice-calling feature it rolled out to its users last year now deals with an average of over 1,100 calls initiated per second. Earlier this year, it increased the security of its calls and other messages, by introducing end-to-end encryption on all platforms. http://bit.ly/292HqCX
Adele's '25' album now streaming
Recording artist Adele has "pulled a Kanye" after saying that her current album "25" would not be available for streaming. The seven-month-old record, which has yielded a number of hit singles, is now available for streaming on all the major streaming services, such as Apple Music and Spotify, as of today in most major markets, with worldwide distribution to come. Reportedly, the singer had demanded streaming be limited to paid subscribers -- a condition that has hurt some streamers with artists, who aren't paid royalties for free or trial listens . Apple pays performers its normal royalty rates during its free trial, avoiding the issue -- and having repeated success in both signing up exclusives and placing those exclusives into the top of the charts. http://ti.me/28U7NOu
SanDisk iXpand case has battery, storage
A new iPhone 6 and iPhone 6s case from SanDisk appears to be the "holy grail" of accessories: a stylish and protective case that offers both extra storage as well as the option of extra battery power as well. The iXpand Memory case offers either 32GB, 64GB, or 128GB of additional storage incorporated into the case, and an optional add-on battery pack (sold separately) adds up to an extra day or more of charge. Through the associated iXpand app, camera photos and videos can be automatically stored on the extra storage, optionally password-protected, The cost for the case is (in order of storage capacity) $60, $100, and $130. The battery pack's release data has not yet been announced, but the add-on should retail for an additional $30. http://bit.ly/291epHu