Lodsys Sues Angry Birds Maker for Patent Infringement

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Lodsys, well known for hitting third-party iPhone developers with patent infringement lawsuits over in-app purchase features, has ruffled a few feathers by going after Angry Birds developer Rovio. The filing alleges that Angry Birds for the iPhone, iPad and iPod touch, along with Angry Birds for Android, infringe on Lodsys-owned patents, according to Foss Patents.

Along with Rovio, Lodsys also filed infringement lawsuits against Electronic Arts for The Sims 3 for the iPhone, Atari for Atari’s Greatest Hits for iPhone and Atari’s Greatest Hits for iPad, Square Enix for Big Hit Baseball for iPhone and iPad, and Take-Two Interactive for 2K Sports NHL 2K11 for iPhone. As of now, Lodsys has listed 37 defendants in its patent infringement lawsuits.

Lodsys throws lawsuit at Angry BirdsLodsys lobs patent lawsuit at Angry Birds Maker

Lodsys has been alleging that even though Apple licensed its in-app purchase patent for the App Store that third-party developers wanting to offer the feature in their apps must pay licensing fees, too. Lodsys began filing its lawsuits after Apple stated the the licensing fees it pays to the patent holding company cover apps sold through its store.

“Apple is undisputedly licensed to these patent and the Apple App Makers are protected by that license,” the Apple’s legal team said in a letter to Lodsys. “There is no basis for Lodsys’ infringement allegations against Apple’s App Makers.”

Apple has filed a motion to intervene in the iOS app developer cases, and Lodsys has until July 27 to respond to the request.

Several Android app makers have been sued, too, although Google hasn’t made any kind of public statement about the cases.

Comments

Nemo

Angry Birds has enough money to take care of itself, including asserting the defense that it is covered by Apple’s licenses.  So will Apple also move to intervene in Lodsys v. Angry Birds lawsuit?  Perhaps Apple will intervene, because it wants to be the party handling the defense that its license covers its developers.  We shall see.

KitsuneStudios

Wonderful mental image.

Lawyer 1: Right, so who else has lots of money but not a lot of clout we can sue?

Lawyer 2: Well we can go after…

L1: What?

L2: Is… is that a slingshot outside?

AB: AEEEEEEE-haaaa!

L1: Incoming! Get some bricks!

B-THOOM!!!!

daemon

How the heck did Lodsys ever get that patent awarded?

urapns

They bought it…

Bennyboy

How about a new Angry Birds game where we get to kill Lodsys executives with a slingshot instead of pigs?  Oh wait, they are pigs, nevermind…

Bluejay

I think that the U.S. Justice department needs to act to prevent the criminal act of extortion that LodSys has been engaged in.

This isn’t about enforcing patents rights, it is clearly a coordinated effort to extort money from them with threats of harm if they do not comply. In this case the harm is being put out of business by frivolous lawsuits that most small developers can’t afford to fight.

Why hasn’t the Justice Department imposed a moratorium on further LodSys lawsuits until the questions of patent validity and licensing are cleared up. It won’t hurt LodSys since they are a fake company anyway.

b0wz3r

Then the next best thing to do, other than lobby Justice to intervene, is find out what products Lodsys does have a hand in, and boycott them, and spread the word.  If enough people put pressure on them, they’ll change their tune.  The only way to make them change their stance, is to play their own game against them.  Hit them in the checkbook and they’ll take notice.

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