Lodsys may be going too far with their patent. I am no lawyer and do not offer any concrete legal advice BUT....
I would contact the EFF for help on patent reexamination, and apply to get the patent re-examined. Reexamination is available to the public: "In addition to allowing patent holders themselves to engage in the process, reexamination proceedings also allow third party groups to file on behalf of the public interest." "Third parties wishing to attack the validity of an issued patent may also find that reexamination offers an attractive alternative to active litigation of validity issues" from the EFF: http://www.eff.org/wp/patents-and-public-domain I would almost think that because Lodsys is targeting so many different, non-connected infringers to their patent, that I would say the interaction process is public domain-- unless the infringers are using a specific API they developed. In other words, technology innovation has outpaced the patent's lifespan. What was once innovation is now obsolete, and the patent system is moving too slow on this one. The other alternative is to use an ad banner, your own banner, and claim it as such since ad banners are public domain processes. Or just wait: http://news.cnet.com/8301-1023_3-20070261-93/lodsys-patent-target-bites-back/ Or wait for this case Lodsys filed against printer companies: http://www.action-intell.com/2011/05/12/brother-canon-hp-and-lexmark-respond-to-lodsys-patent-infringement-lawsuit/ "The company also says that Lodsys patents “are invalid for a failure to satisfy the conditions of patentability as specified under one or more sections of 35 U.S.C., including but not limited to, 35 U.S.C. §§ 101, 102, 103, and/or 112.” Although we are not lawyers, it would seem that Brother and the other OEMs named as defendants are asserting that Lodsys’s inventions are not patentable because they are not truly novel and would be obvious “to a person having ordinary skill in the art.” It also appears that Brother and others are questioning the definiteness of Lodsys’s patent claims." Again, I offer no solid legal advice, just possible avenues to explore. Best of luck. On Jul 6, 12:09 am, LostKid <appi13...@gmail.com> wrote: > Hi > > We have a game 'Pocket Bingo' which is live in market. Recently got a > Fedx from lodsys for a patent infringement on In-App billing. The > notice asked us to take down a feature in the game, through which we > redirected users to paid version of pocket bingo on the market. > > > Any help is appreciated. > > Thanks -- You received this message because you are subscribed to the Google Groups "Android Developers" group. To post to this group, send email to android-developers@googlegroups.com To unsubscribe from this group, send email to android-developers+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/android-developers?hl=en
