Definition - "Patent Troll"

"PATENT TROLL" - Any party that intentionally misconstrues the claims of their patent to assert it against another. A patent troll does not have to be a non-practicing entity (NPE) or in any particular industry, all that is required is an intentional misconstruing of the claims in an attempt to extort money from another.


Disclaimer - All information and postings in this blog are provided for educational purposes only. Nothing in this blog constitutes legal advice and you should not rely on any information herein as such. If you do not have a signed engagement agreement with me, then you are not represented by me and you should retain your own attorney for any legal issues you are having.

Wednesday, May 18, 2011

First question - What does Lodsys claim their patent covers?

From the people I have talked to and what I have read, Lodsys seems to be asserting that US patent 7,222,078 covers in-app upgrades or purchases, such as a purchase of an upgrade from a trial or free version to a paid version.

The exact arguments of what Lodsys believes the patent covers probably won't be asserted by Lodsys until they are forced to file a Markman brief in litigation, which can be costly to get to this point for any individual company.

However, some tactics we can use now to attempt to squash this type of predatory licensing are:
1) find prior art that invalidates Lodsys's patent claims; and
2) find prior art that describes what the apps are actually doing.

The second strategy can put a lot of pressure on Lodsys to explain how their claim interpretaion covers something that was done prior to their invention.  This can be very powerful in a re-exam or in arguments in litigation.

More info about the Lodsys actions are here:
igoeIP Apple Patent Blog  

FOSS Patents 


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