Lodsys Agrees to Dismiss Patent Case Against Small Developer for a Charitable Donation - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
Skip to Content

Lodsys Agrees to Dismiss Patent Case Against Small Developer for a Charitable Donation

Back in May 2011, patent holding firm Lodsys began threatening lawsuits against a number of small iOS developers, alleging infringement of a Lodsys-held patent through the use of Apple's in-app purchase and upgrade functionalities. The case was an interesting one because small developers were being held liable for their use of Apple's supported tools for iOS apps, with Apple agreeing to back the developers and claiming that Apple's existing license with Lodsys automatically extended to cover third-party developers using those tools.

Lodsys continued to pressure developers, both large and small, to take out their own licenses for Lodsys' patents, with many developers choosing to purchase licenses rather than fight in court. Lodsys now claims over 200 licensees for its patents.

lodsys_logo_2012
While news about Lodsys had been relatively quiet through late 2012 and early 2013, the firm once again made a splash in April of this year when it filed suit against Disney, Gameloft, and several other developers and companies. Aside from a brief June announcement from Lodsys noting that Angry Birds developer Rovio has taken a license for Lodsys' patents, things had once again turned quiet through the middle of this year.

But as noted in a blog post today from developer Todd Moore, whose firm TMSOFT is responsible for several dozen iOS and Mac apps, Lodsys has curiously agreed to dismiss its case against him in exchange for an end to the dispute and a mutual charitable donation from the two sides (via @DotComCTO).

The dismissal is with prejudice which means they can never sue my company again for infringing its patents. I did not have to pay any money to Lodsys or sign a license agreement. I also did not sign a confidentially agreement so I’m free to talk about this matter.

So what did I have to agree to?

1. Never to sue Lodsys over its patents (I otherwise would have the right to ask a court to rule their patents invalid if I wanted)

2. Dismiss all motions with prejudice (we had filed a motion to dismiss that also sought to recover my attorneys fees, costs and expenses)

3. Make a donation to a mutually agreeable charity

Moore notes that the only reason he was able to fight Lodsys in court was that he had pro bono assistance from the Public Patent Foundation, with attorneys there estimating that their time spent on the case could normally have been billed at roughly $190,000 even before it headed to trial. He also highlights the ease with which Lodsys is able to file patent lawsuits against small developers and his continuing efforts at supporting patent reform.

It remains unclear whether Lodsys' move to dismiss the case against Moore and TMSOFT is part of a strategy shift for the firm or if it simply realized that it was not worth pursuing a protracted fight against a small developer receiving free legal representation. We have yet to hear of any similar settlements, although many developers have understandably been reluctant to share details on their own experiences with Lodsys.

Popular Stories

Apple Event Logo

Apple Just Released a New Accessory

Monday May 4, 2026 8:13 am PDT by
Apple today released a new Pride Edition Sport Loop for the Apple Watch. The band features a rainbow design with 11 colors of woven nylon yarns. The new Pride Edition Sport Loop is available to order now on Apple.com and in the Apple Store app in 40mm, 42mm, and 46mm sizes, and it will be available at Apple Store locations starting later this week. In the U.S., the band costs $49. There...
iOS 26

Apple Says iOS 26.5 Adds Three New Features to Your iPhone

Tuesday May 5, 2026 7:36 am PDT by
iOS 26.5 includes three new features for iPhones, according to Apple's release notes for the update, which is expected to be released next week. As discovered during beta testing, iOS 26.5 enables end-to-end encryption for RCS messaging between iOS and Android devices. Apple says this security upgrade is limited to supported carriers around the world and will continue to roll out....
Instagram Feature 2

PSA: Instagram Encrypted Messaging Ends on Friday, May 8

Tuesday May 5, 2026 8:24 am PDT by
Instagram will remove end-to-end encryption for direct messages between users from May 8, 2026. When the date comes around, Meta will potentially be able to see the contents of all messages between users on the social media platform. Encrypting messages has been an optional feature in Instagram since 2023, but in March of this year the social media platform quietly updated a help page to say ...

Top Rated Comments

166 months ago
they knew if they went to court and lost then they would lose their other 200 licencees because the precedent would be set that their patents were invalid. They only prey on companies that they know won't fight back because then they can keep doing it over and over. As soon as a judge rules against them for one case the party is over
Score: 14 Votes (Like | Disagree)
AngerDanger Avatar
166 months ago
Ah, yes, the [s]Lodsys Charity for Starving Patent Lawyers[/s] Red Cross.
Score: 12 Votes (Like | Disagree)
ValSalva Avatar
166 months ago
It's still extortion :eek:
Score: 6 Votes (Like | Disagree)
SgtPepper12 Avatar
166 months ago
That logo looks awful.
Score: 6 Votes (Like | Disagree)
166 months ago
I'm sure I'm missing something but to me it reads like TMSOFT received pro bono funding to fight Lodsys in court. And instead of seeing it through and putting an end to it for all the developers being threatened and bullied by Lodsys they took the easy way out. Only really benefiting themselves. Leaving all the other dev's once again as fair game?
Score: 5 Votes (Like | Disagree)
166 months ago
Where's Dexter when you need him?
Score: 5 Votes (Like | Disagree)