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Jurídico da Apple está descontente com os Patent Trolls

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Foram 92 casos nos últimos três anos.

E pior a Lodsys “fugiu” do embate com a Apple e persegue desenvolver atrás de desenvolver, que fatura bem em cima dos in-apps. Devido ao alto custo, os dev’s acabam cedendo.

A Apple tentou reunir todos os processos e defendê-los mas a corte não aceitou. Seria interessante se a Apple decidisse assumir cada um dos casos da Lodsys individulamente.

Apple has rarely lost on the merits. But victory figures as small consolation, because in every one of these cases, Apple has been forced to bear its legal fees. This reality is the lifeblood of the patent assertion industry… Indeed, the opening line of many negotiations is some form of, “What we’re asking for is less than it will cost you to litigate this case to judgment.” It should come as no surprise, then, that despite its success in litigating the merits, for business purposes Apple has agreed to a settlement in 51 of the 57 closed cases. (traduzir)

One would be hard pressed to imagine a more troubling instantiation of this model than the one practiced by Lodsys Group, LLC… Lodsys burst onto the patent assertion scene in 2011 by firing off a spate of demand letters to app developers, many of whom are individuals with extremely little revenue, alleging that they were using software related to “in-app purchasing” that was covered by a handful of Lodsys-owned patents…

[A]gain, Lodsys scuttled away, settling with each of the developers for a pittance, thereby mooting Apple’s attempted intervention and avoiding a sure loss on the merits… Lodsys has no compunctions about this strategy. It will keep moving from developer to developer, leeching whatever royalties it can until a party with the resources to litigate scares it away.

The PatentFreedom study commissioned by Apple also shows that there are more than 250 active patent trolls in the nation. By the time of the study’s completion in late 2013 (the exact date isn’t clear from Apple’s limited quotes), PAEs had sued 2,873 defendants and were on track to break the 2011 record of 3,103 defendants being sued in a year. (traduzir)

via Ars Technica

Gustavo Faria

de um tempo em que a UFRJ formava não cientistas da computação, mas bacharéis em informática e acompanhe as Dicas do Coca.
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