App developer A Thinking Ape launched a counter strike against patent holder Lodsys, after it became one of the latest companies to be targeted by the intellectual property owner.
Initially reported by GigaOM, in its filing A Thinking Ape makes numerous requests, calling for judgements that it does not infringe Lodsys’ patents; that the patents are invalid; and that the claims are “barred by the doctrines of patent exhaustion and first sale.” It also calls for Lodsys and its partners to be prevented from making further infringement claims.
Lodsys has launched actions against multiple companies, including well-known players such as Rovio and EA – seen as a sign it is not shy of taking on wealthy players. It has been reported that some smaller developers have already settled, in order to avoid protracted and costly legal battles.
Earlier this year, Apple was given permission to intervene in the Lodsys actions – the iPhone maker already has a licence with Lodsys, which it has been argued enables it to protect its developer partners.
Lodsys said that A Thinking Ape’s iOS game Party In My Dorm infringed its patents, through its implementation of in-app purchasing features. The developer argues in its filing that with the patent involved set to expire imminently, Lodsys has “engaged in a calculated, widespread and improper course of conduct in attempting to extract as much revenue as possible from purported ‘infringers’.”
A Thinking Ape noted the Apple licence, arguing that under this, it is able to “use, sell, offer to sell or otherwise distribute to its developers, such as [A Thinking Ape], products and services that embody the technology covered by the patents in suit.”
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