Lodsys, the patent troll which has been in the news all month after sending patent infringement notices to many iOS and Android developers over in-app purchasing is back.
After a brief period of silence, and probably many visits to their lawyers, Lodsys is back to refute Apple’s claims that its licences to the Lodsys in-app purchasing patents extend to its developers as well.
Lodsys has published a series of blog posts on their website explaining its position on the lawsuit.
First of all, it claims that Apple’s license to its patents doesn’t cover its developers
“On May 22nd, Apple’s chief lawyer Bruce Sewell unequivocally announced that Apple’s license to the Lodsys patents gave Apple’s 3rd party developers complete and undisputablefreedom to use the covered inventions without paying royalties or fearing lawsuits. There was a very positive reaction in the press and blogs. Apple appeared to give the Developer community what they wanted. Unfortunately for Developers, Apple’s claim of infallibility has no discernable basis in law or fact.”
Secondly, it is offering $1000 to each developer they have sent the infringement notice to, if it turns out that Apple’s license does indeed protect them.
“While it is true that Apple and Lodsys have an obvious dispute about the scope of Apple’s license to the Lodsys Patents, we are willing to put our money where our mouth is and pay you something if we are wrong. Therefore, Lodsys offers to pay $1,000 to each entity to whom we have sent an infringement notice for infringement on the iOS platform, or that we send a notice to in the future, if it turns out that the scope of Apple’s existing license rights apply to fully license you with respect to our claim relating to your App on Apple iOS.”
This battle is going to be quite interesting. If its claims do turn out to be valid, Lodsys could make millions or even billions of dollars in the coming years, however unlikely it may seem now.