Thursday 29th of September 2011
So the fall season is upon us and by what seemed to be a very quiet yet busy afternoon and after a very typically French lunch, my colleague and GroupCamp co-founder Eric received a Fedex package at the office.
As an entrepreneur in the software industry, you must have read or heard stories about legal documents delivered by Fedex but you would not expect the setting to be in Paris, France.
As described before, on the 29th of September 2011, we, at GroupCamp, have received at our offices in Paris, France, a patent claim letter from company Lodsys, a limited liability company based in Texas United States. This patent claim comes after recent similar actions to US-based companies such as Opinion Lab, Brother, Apple, The New York Times, and Foresee Results.
What is the patent claim
Lodsys is the owner of the Lodsys patents US … Lodsys claims that the patents invented by M. Abelow is being used by GroupCamp’s cloud based-apps. Below is an extract of Lodsys’s letter to GroupCamp:
Lodsys letter to GroupCamp states that « Lodsys patented technology provides numerous benefits » to GroupCamp.
Monday 10th of October,
Eric meets with Olivier Iteanu, attorney at law.
Eric exposes the results of our search for public information regarding existing cases involving Lodsys.
The same question keeps popping up throughout the conversartion: why did Lodsys sngle out groupCamp, a small venture with no visible (not yet) iPhone or Android app in their respective stores or marketplaces, which has been the characteristic of the recent Lodsys attacks?
Monday 10th of October to Thursday 13th of October 16h18
Despite our research, we are unable to find similar web-based application vendors who have received the Lodsys letter . There is a growing urge to start something.
16h18, we receive the draft proposal for the reponse letter to Lodsys by the Iteanu law firm
The draft proposal letter, drafted by Olivier Iteanu and Raoul Fuentes is straightforward although we know it might not be enough for dismissal.
At this very instant we decide to make our response public.
Late thursday night: drafting the action plan
What exactly do we want to achieve?
- Helping out and welcoming similar mobile or web-based application vendorsAider et accueillir les entreprises qui seraient dans le même cas que nous. Les développeurs d'applcations iPhone et Android sont les bienvenus.
- Organising the gathering of proof or prior art information against the claims of the Lodsys patents
- Publishing information as widely as possible so that the available and accumulated knowledge and intelligence can be helpful to as many as possible.
The following letter was sent as registered mail with record of delivery on the 19th of October 2011. A copy of the letter was sent by email to Mark Small CEO of Lodsys LLC.
As agreed between the co-founders, our response to M. Mark Small is drafted en bon français with the short intriduction shown below:
On the 29th of September 2011, GroupCamp has received a letter from Lodsys, a LLC based in Texas United States. Lodsys claims that GroupCamp is in breach of the Lodsys patents in its web-based services to businesses. Lodsys LLC has been active in 2011 in suing small independent mobile app developers and other larger companies based in the United States.