I'm not a patent lawyer either so this isn't advice - it's just my 
understanding of what your options might be.

Sounds like you just got an official notice explaining why you can't write 
your software the way you have.  It's their case.  You can, of course prove 
Lodsys wrong if you do have rights.   You really need a patent attorney to 
know what those rights are.

You have to respond to this, at least by talking to them to explain why you 
don't violate their patent. If you do in fact violate their patent they'll 
make you change your software and then make you promise to never do that 
again.

And only rely on things in writing: e-mail or by letter.  Relying on verbal 
conversations would be a mistake.

If that doesn't work, talk to your attorney.

I do know this: if you can show you actually have rights to your invention 
(your lawyer can tell you that), then this may force Lodsys to pay YOU 
royalties.  And, if they go to court, and the court finds that you actually 
own the rights to your invention, the court can actually invalidate the 
Lodsys' patent.

An attorney is worth their weight in gold in these circumstances ... 
literally.

Just my $0.02.

Richard Schilling


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