Suit Seeks to Invalidate Lodsys Patents

CHICAGO — Patent holding company Lodsys, which recently sent out scores of infringement notices to online adult companies, has itself been hit with a suit over threats of lawsuits and attempts to get companies to license its patented methods.

Michigan market research company Foresee Results Inc. said in a suit filed Tuesday at U.S. District Court in Chicago that Lodsys has been sending out infringement notices to several of its customers — Best Buy, Adidas and WE Energies — over four patents, one of which is the same patent that Lodsys is trying to force online adult companies to license.

Just last week, numerous online adult companies received letters delivered by FedEx, saying that the companies have been infringing on U.S. Patent No. 7,222,078, which includes "methods and systems for gathering information from units of a commodity across a network."

According to U.S. Patent No. 7,222,078's abstract, "In an exemplary system, information is received at a central location from different units of a commodity. The information is generated from two-way local interactions between users of the different units of the commodity and a user interface in the different units of the commodity. The interactions elicit from respective users their perceptions of the commodity."

In a preemptive move, Foresee Results on Tuesday asked the federal court for relief by seeking a declaratory judgment against Lodsys' attempt to force licensing over U.S. Patent No. 7,222,078, as well as U.S. Patent Nos. 5,999,908, 7,620,565 and 7,133,834.

ForeSee in Tuesday's suit denies that it infringes any valid and enforceable claim of the U.S. Patent No. 7,222,078's, as well as three others, "and avers that the assertions of infringement cannot be maintained consistently with statutory conditions of patentability and the statutory requirements for disclosure and claiming that must be satisfied for patent validity."

Foresee is asking for declaratory judgment that the patent claims are invalid and a permanent restraining order forcing Lodsys to halt its practice of interfering with its business or customers' business. It also seeks attorneys fees.

Lodsys CEO Mark Small told XBIZ this week that he couldn't comment on the patent infringement notices but would let court filings do the talking for the company.

"We made a decision not to do press and apply our resources to licensing discussions, and we want to be consistent/fair in our policy," Small said.

Foresee attorney Brent Hawkins, of Chicago-based law firm McDermott, Will and Emery, did not immediately respond for comment to XBIZ.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Fleshy to Launch Interactive Cam Site 'Eromote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eromote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Show More