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May 20, 2011

MacroSolve Sues Group of App Developers for Patent Infringement

By Beecher Tuttle, TMCnet Contributor

Mobile technology provider MacroSolve has filed lawsuits against nearly a dozen app developers for infringing on its data collection and management patent.

MacroSolve chairman Jim McGill said that the patent – originally filed in August 2003 and awarded in October 2010 – covers thousands of apps, leaving open the possibility of further legal action. The patent in question is related to the collection and transmission of data for questionnaires that are put online.



The company has decided to file the lawsuit in a jurisdiction of the Texas Eastern District known as “rocket docket” – an area that has a reputation for resolving civil cases quickly, often in favor of patent-owning companies like MacroSolve, according to The Guardian.

Not surprisingly, MacroSolve filed suit against 10 small app developers, rather than taking on the likes of Google and Apple (News - Alert), which have highly-experienced legal departments with deep pockets. MacroSolve's lawsuits target both iOS and Android developers.

The lawsuits highlight a disturbing trend for app developers that have begun to take on a storm of legal action from patent-owners. MacroSolve's lawsuit comes on the heels of similar action taken by Lodsys, another patent-owning company.

Lodsys is suing a number of iOS developers for infringing on an in-app billing system patent, and is demanding 0.575 percent of revenue from apps that use its technology, according to Appolicious. Apple is said to be investigating the claims made by Lodsys.

The Guardian's Charles Arthur says that the MacroSolve and Lodsys cases shine the spotlight on a flawed U.S. Patent Office, which has been known to award broad patents that cover wide-ranging technologies.

“The patents owned by MacroSolve might be challenged and nullified on the basis of being 'obvious,' given the time when they were filed, when the mobile web was already being used in a number of countries. But that would involve developers in long drawn-out legal battles which they are ill-equipped to fight,” Arthur wrote.

The developers being sued by MacroSolve include Canvas Solutions, GeoAge (News - Alert), Kony Solutions, Widget Press and Pogo Corporation, among others.

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Beecher Tuttle is a TMCnet contributor. He has extensive experience writing and editing for print publications and online news websites. He has specialized in a variety of industries, including health care technology, politics and education. To read more of his articles, please visit his columnist page.

Edited by Jennifer Russell

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