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tl;dr - Being sued for using a publicly available API is a reach. If there's an issue, it's Nextbus that has a problem as well as everyone, and anything that t
by bbunix 14y ago
tl;dr - Being sued for using a publicly available API is a reach. If there's an issue, it's Nextbus that has a problem as well as everyone, and anything that touches their API.
If it was me, I'd reply with a certified letter explaining your situation as a developer, how much revenue the app has made to date in downloads and ads. Then nicely explain that you would never knowling violate anyone IP rights, and having reviewed their patent do not believe you are practicing any of the steps laid out in their patents. You are, simply using information published via publicly available Nextbus API.
Then wait.
Lawsuits cost money - no contingency in Canada, so by demonstrating poverty, it's really not worth suing you... period. If they come back with a real legal filing, you can always just shut down the app, or find a lawyer to help you fight.
However, I'm not a lawyer, just saying what I'd do... you situation may be different - and getting a lawyer never hurts (except the pocketbook).
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My situation; inventor, lived in Canada for years... now in the US. Your app doesn't appear to be infringing (it's not doing all the stuff laid out in the claims, but the API provider most likely would be, which is why they settled)... however...
1. Canada doesn't do contingency for legal stuff, you will need to find a lawyer and need to pay up front. Get a lawyer (if you want a suggestion ping me at sean@maclawran.ca)
2. I'd talk to NextBus about their API and license. I'd also look carefully at whatever agreement you have with NextBus about the use of their API (free/paid). If anything, Nextbus may be infringing on their license by publishing the data. Alternatively, there may be language in the contract indemnifying you. Look at all the contracts, period.
3. Look carefully at the document you were sent. It will have valuable clues; have they actually filed anything, etc.
If you're using their public XML feed/API, here's the agreement: http://www.nextbus.com/xmlFeedDocs/NextBusXMLFeed.pdf http://www.nextbus.com/xmlFeedDocs/NextBusXMLFeed.pdf.
Good luck.
- justsee 14y ago> If it was me, I'd reply with a certified letter explaining your situation as a developer, how much revenue the app has made to date in downloads and ads. Then this whole exercise is patent troll phishing of app sales information from frightened developers.
- bbunix 14y agoNah. Not an efficient way of getting that information. And just in passing, here are some Canadian IP stats... don't know if I believe it - but I see 48 patent trials in Canada in 2012.. http://www.ippractice.ca/litigation-statistics/intellectual-property-proceedings-in-federal-court-for-2012/ http://www.ippractice.ca/litigation-statistics/intellectual-...
- justsee 14y agoIt was a slightly facetious response. Either way rewarding bad behaviour by sharing private business information with a patent troll does not seem like a sensible course of action. Isn't the aim of extortionists pre-trial settlement or realisation that there are easier / more lucrative 'marks', so wouldn't actual patent trial numbers provide little indication of the low-level activity of patent-trolls?
- bbunix 14y agoWell, it's Canada. Sharing sufficient information to demonstrate there's no money here seems pretty sensible to me (hey I'm a student doing this part time and the app's only been downloaded 500 times @ 1.99 each and apple keeps 30%... so I've made $700 so far...), but if you want to sue me, go for it :) 1/10 the size of the US, and the awards for infringement are nowhere near as large as the US (no triple damages, no especially favourable venues, etc)... so this is interesting as it happens so rarely. As for the numbers, 48 trials in 2012 sort of addresses the size of the market.
- shinratdr 14y agoNine of which were brought by the company that is currently threatening OP. I would be a little worried.
- fnordfnordfnord 14y agoI would not volunteer any information about revenue.
- jongraehl 14y agobetter to ignore than respond if it's not a lawsuit