Lodsys, the patent-holding firm (ahem) that has recently targeted small indie developers with lawsuits, claiming that they infringe on one of their patents, isn’t backing down. Last week, Apple stood up and basically told Lodsys to sit down and shut up, defending their developers. Apparently the firm is quite confident in its position, as it will pay $1,000 to any developer that can prove that they don’t actually infringe on the patent in question. That’s potentially a lot of cash out of Lodsys’ pocket, considering how many notices they have sent (Android developers seem to be included in some of the notices, too).
Lodsys proudly proclaims the following on their blog:
Apple is not “undisputedly licensed” with rights that extend to 3rd party Developers.
They go further into depth, stating the following:
We stand firm and restate our previous position that it is the 3rd party Developers that are responsible for the infringement of Lodsys’ patents and they are responsible for securing the rights for their applications. Developers relying on Apple’s letter do so to their own detriment and are strongly urged to review Apple’s own developer agreements to determine the true extent of Apple’s responsibilities to them.
It also appears that they have moved forward with filing suit on certain developers a little early, in order to “preserve” their “legal options.”
Looking more and more like Apple could do something about this at WWDC, and receive a massive amount of fanfare from their developers. Time will tell how this will turn out, but it seems as if the people at Lodsys might want to consider a new job, what with the legal team’s of both Apple and Google staring them down.