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.

Related:  

Copyright © 2026 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

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Tubes Booster Debuts New 'One-Click Update' Web Hosting Solution

Content management platform Tubes Booster has launched its new One-Click Update web hosting solution.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3 in the case of Aylo, which filed suit in the matter.

Show More