Wired reports that Google has filed an application with the Patent U. S. and Trademark Office seeking a review of four Lodsys two patents, which developers use both Google and Development Apple mobile platform.  A few months after rival Apple has taken the weight of fending off a patent owner Lodsys mobile developers, Google also launched a public effort against nonpracticing person perspective.

“We’ve asked the U.S. Patent Office to re-examine two Lodsys patents that we believe should never have been issued,” Kent Walker, Google’s senior vice president and general counsel, said in a statement to Wired. “Developers play a critical part in the Android ecosystem and Google will continue to support them.”

Google joins effort to invalidate some patents Lodsys, East Texas-based company began sending letters patent for mobile application developers looking for licensing fees apps in May for allegedly infringing its intellectual property through in-app purchasing. While Google, Apple and Microsoft licensees in the company’s technology, Lodsys argued that the licensing deals they do not cover third-party applications.

See Results from the trial in June targeting all four patents. This was followed a week later, three different tests the validity of the patents, Article One Partners, a company that crowdsources intellectual property research. The coalition also began building earlier this month, in order to pool resources and absorb the technology lawyer, give money to restore legal protection from patent-related matters, and the draft intellectual property legislation to protect the developers.

In addition to these efforts, Apple – which has targeted both developers and non-licensing of patents noticeable than deal with – began to intervene after Lodsys sued a group of application developers. A note at the time, marking Apple’s first public response to the question, the company said that “arguably is licensed (patents), and the Apple App Makers protect that license.” Lodsys quickly shot back to the blog, saying, “Apple’s claim of infallibility is not discernible on the basis in law or fact.”

Software patents have become a huge group of ammunition as Lodsys, MacroSolve, and others, especially during the current year due in large part to the growing popularity of mobile applications. The end result of this is particularly important for developers and companies like Apple, Google and others who have built a platform for developers, and sold.

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It’s true that AAPL has been climbing steadily in value since February and just like  we recalled it would in our post An AAPL a Day :In fact, we’ve written posts on it almost every single month since our post He Who Has The Gold Makes The Rules, where we were calling out that it would be a good buy at $138 it’s now $258.”  AAPL is trading at just about $284 now.  We also talked about RIMM being over shadowed by apple’s iPhone & iPad:

No major tech stock has gone more quickly from hero to goat than Research in Motion, maker of the Blackberry smartphone. This was possibly one of the great growth stories of the last six years (when sales grew anywhere from +35% to +127% in any given year), but Apple’s (Nasdaq: AAPL) stunning success with the iPhone and the iPad have led investors to think RIM’s days of growth are over. And they ran as fast as they could, pushing shares down from above $80 last September to below $50 in early July (before a recent rebound to $56).

And now the time has come for RIMM to shine, with the anticipated release of the Blackberry Playbook in early 2011, we’re getting in now before the value increases! The Playbook is sure to one up the iPad in a few areas, one being that it can be used as a “sidekick” to your current Blackberry to make doing business, checking emails, or social networks on the go even more efficient. With the RIMM stock trading around $50, it’s a better bang for your buck.

As our long time followers know we have been bullish and successfully trading AAPL, RIMM and a host of other hardware / technology companies.  We want to bring to your attention a few important things to consider about these two now as well as an ETF that could offer you tremendous upside in the short-term.

First lets look at RIMM which has been very much so overshadowed by AAPL in the last 12 months due to iphone and ipad growth.   Case in point:

No major tech stock has gone more quickly from hero to goat than Research in Motion, maker of the Blackberry smartphone. This was possibly one of the great growth stories of the last six years (when sales grew anywhere from +35% to +127% in any given year), but Apple’s (Nasdaq: AAPL) stunning success with the iPhone and the iPad have led investors to think RIM’s days of growth are over. And they ran as fast as they could, pushing shares down from above $80 last September to below $50 in early July (before a recent rebound to $56).

We believe this creates significant value and positions RIMM as well as several other hight growth tech companies as solid value plays from where they trade now. Consider the following:

For the ETF junkies there is one ETF that we believe should explode based on the smart phone war as The Street called it:

As the Droid X and iPhone 4 duke it out in the smartphone arena,Research in Motion(RIMM) plans to unleash its own product into the fray. iShares S&P North American Technology-Multimedia Networking Index Fund(IGN) is an ETF that should profit from this battle.

Needless to say there is tremendous upside in the smart phone sector;

Global sales of these phones jumped 886 percent in the second quarter from a year ago and within the U.S, Android (along with the broader smart phone industry) vastly outperformed expectations.

We expect to play these positions short-term as well as mid to long-term for the growth portion of our portfolios.  Make sure to follow us on Twitter for the most up to date investment information and due diligence we find and leave a comment to tell us your pitch for these stocks.  Understand and know your risk when investing.