Lodsys Feels Legal Blowback from Developer Witch Hunt

There's a new chapter in the seemingly unending saga of Lodsys. Today, we've learned that Lodsys is on the receiving end of some legal blowback following their expansive witch hunt of app developers who, according to Lodsys, have violated company patents with the complicit cooperation of Apple.

According to a report from FOSS Patents, a Michigan company named ForeSee Results Inc. has filed a "declaratory judgment suit" against Lodsys' four patents with the U.S. District Court for the Northern District of Illinois. Why? The company wants to challenge the validity of the very patents Lodsys is referencing it its patent violation assertions against app developers.

ForeSee Results Inc. said that Lodsys had "threatened assertion" of one or more of its four patents against ForeSee's customers. Foresee names three examples of customers that received letters from Lodsys: Adidas, Best Buy, WE Energies.

As we know, in early May, Lodsys began threatening legal action against countless iOS developers regarding the issue of in-app purchasing. Shortly thereafter, Apple formally reached out to Lodsys in request that they back off and stop sending threatening letters to app developers. “Apple is undisputedly licensed to these patents and the App Makers are protected by that license,” says Bruce Sewell, Apple Senior Vice President and General Counsel. Of course, the letter was of little consequence and lawsuits from Lodsys began turning up in various developers' mailboxes.

Now, it appears that the very foundation of Lodsys' claims - its patents - could be undermined in a court of law. If so (fingers crossed), this issue will be put to bed once and for all. And, by the looks of it, ForeSee Results has a pretty good shot at making waves. The company, after all, is represented by McDermott Will & Emery, a "top-notch law firm" that only a few years ago helped Creative Technology get a $100 million check from Apple in a patent settlement.

Source: FOSS Patents