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Adrian Kingsley-Hughes
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Apple granted patent on using apps during calls

By | December 21, 2011, 3:45am PST

Summary: This could change everything … for the competition.

On Tuesday Apple was granted a patent related to using apps while also on a call. This could change everything … for the competition.

Patent number 8,082,523, called Portable electronic device with graphical user interface supporting application switching, is interesting because it seems so specific while in fact also being very broad:

A method, comprising: at a portable electronic device with a touch screen display: displaying on the touch screen display a first user interface for a phone application during a phone call; detecting activation of a menu icon or menu button during the phone call, in response to detecting activation of the menu icon or menu button, replacing the first user interface for the phone application with a menu of application icons including an icon for the phone application and an icon for a non-telephone application; maintaining the phone call while displaying the

menu of application icons on the touch screen display; detecting a finger gesture on an application icon in the menu of application icons other than the phone application icon; in response to detecting the finger gesture on the application icon other than the phone application icon, displaying a corresponding application user interface on the touch screen display while continuing to maintain the phone call and modifying the corresponding application user interface to include a switch application icon that is not displayed in the corresponding application user interface when there is no ongoing phone call; detecting a finger gesture on the touch screen display on the switch application icon; and in response to detecting the finger gesture on the switch application icon, replacing display of the corresponding application user interface with the first user interface for the phone application while continuing to maintain the phone call.

This patents the entire process of switching between a call and an app (and back again) on the iPhone. But what’s interesting is that the more you read this patent, the more you realize how cunning it is. It’s not impossible for someone to develop a method for switching between a call and apps that wouldn’t violate this patent, but the existence of this patent could very well make it hard for the solution to be an elegant one.

This is yet another in a stack of mobile technology related patents that Apple will undoubtedly use to keep Google and Microsoft (or Android and Windows Phone handset makers) in line.

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Patent, Apple Inc., Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

Disclosure

Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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1 Vote
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Prior art?
jlwarlow 21st Dec
I can already do this on my HTC Desire, and could on my Nokia E71 - while in a call go to the home screen and start apps??? I've done this many times while looking up numbers, emails etc while in a call.
-1 Votes
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RE: Apple granted patent on using apps during calls
Englishmole 21st Dec
@jlwarlow Yes but does HTC hold the patent for it?
1 Vote
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Prior art. Android has been doing this since the G1
Uralbas Updated - 21st Dec
This is an invalid patent, because this is exactly what a processor does that has multi thread capabilities. Apple has just invented MULTITASKING... How dumb!.

Its amazing how poor of a job the US patent office does.

A few other companies including but not limited to: Samsung (US7937743, US20100299597) and MS have already been awarded this kind of capability before now and associated patents.
1 Vote
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RE: Apple granted patent on using apps during calls
DonRupertBitByte 21st Dec
@Englishmole

Just because you get a patent doesn't automatically mean it's going to stick around long term when reviewed under careful scrutiny. The USPTO has granted many patents that get tossed out in legal battles. All Apple can do is patent as many things as possible to slow down, but not stop the competition.

It should be interesting to see how Microsoft fares when the anti-Android Barnes & Noble starts in February. Apple does not automatically win their patent lawsuits, 100% of the time.
1 Vote
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RE: Apple granted patent on using apps during calls
Bucky24 21st Dec
@Englishmole Doesn't matter. Prior art will invalidate a patent when it comes up in a court battle no matter if the prior-art creator filed a patent or not.
0 Votes
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RE: Apple granted patent on using apps during calls
Natanael_L 21st Dec
@Englishmole: You don't need to get a patent for things you invent. It's also not allowed to patent other's inventions. But the USPTO are too stupid to confirm the validity of patents before accepting them.
0 Votes
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RE: Apple granted patent on using apps during calls
cymru999 21st Dec
@Englishmole that is exactly the point no company should be able to patent anything after it has been done by another - that includes HTC as well as apple - consumers are fed up to the teeth with rich corporations trying to limit the market choice through legal technicalities. No one can copy anything until its out there -- the inventing company have a head start and that is all they should have
0 Votes
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RE: Apple granted patent on using apps during calls
MadDonkey 21st Dec
@Englishmole That's irrelevant. Prior art is prior art.
0 Votes
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RE: Apple granted patent on using apps during calls
gaurav.kapil 21st Dec
@Englishmole: That doesn't mean patent is valid. Multi app usage during calls is already a universal phenomenon. Music, contact search, internet during Calls...!!!
0 Votes
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RE: Apple granted patent on using apps during calls
techconc 22nd Dec
@Uralbas:

There may very well be prior art for this... I don't know. I just have to wonder what goes through some people's heads when they cite "prior art" for products like the Android/G1 which clearly came AFTER the iPhone. Sigh...

For the rest of the dopes that keep citing prior art, if you bothered to read the article, this patent doesn't prevent multitasking during a phone call. It simply prevents others from doing it Apple's way. Other approaches will likely be more clumsy, but that's how it goes.
0 Votes
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RE: Apple granted patent on using apps during calls
HackerJ 22nd Dec
@Englishmole The US patent system is beyond broken, they will approve just about anything, and the simple reason for this is $$$. More approvals, more revenue, more applications for bogus crap, and even more revenue.
0 Votes
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It Doesn't Matter
mejohnsn Updated - 23rd Dec
@Englishmole There is a LOT of prior art on this one. Granting that patent to Apple is another epic failure on the part of our Patent Department. And no, I am not thinking of Android. I have seen parts of this patent on several different phones years before the iPhone came out. I can't remember which now. I can't even remember whether they were US or Japanese phones.
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RE: Apple granted patent on using apps during calls
gallee 28th Dec
@Englishmole: this is a great thread you have kicked off.

Two other points of information to add:
1) @techconc: my Blackberry Storm does this, does it this way. Likely predates this.
2) What happens with the new US Patent system when they go to first filers. Don't know that we are going to have any less litigation, just new ones for new reasons.
0 Votes
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RE: Apple granted patent on using apps during calls
dave95. Updated - 23rd Dec
@jlwarlow

HTC Desire came out in 2010, years after the iPhone came out and years after this patent was filed. Apple filed many of these multi-touch screen patents well before they released their iPhone. The Nokia E71 was released in 2008 and i cant find anything that showed it to be a touch-screen phone. Let alone one that uses "fingers" which the patent specify.
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RE: Apple granted patent on using apps during calls
Badgered 21st Dec
@dave95. Let alone one that uses "fingers" which the patent specify.

and we're now at the point where we "patent" what is done with our fingers.... I have officially lost all faith in humanity.
0 Votes
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RE: Apple granted patent on using apps during calls
dave95. 21st Dec
@Badgered

and we're now at the point where we "patent" what is done with our fingers.... I have officially lost all faith in humanity.

Wait, aren't patents granted based on the method of doing something? Which refers to a way of using a product to accomplish a given result? So if part of that NEW method is using one's finger to accomplish a given result on multi-touch capacitive glass surface phone screen, why shouldn't it be patented?

I seem to recall smart phones before the iPhones were mainly resistive screens requiring stylus to use. You can peck at it with your fingers (or fingernails) but it only recognized a single touch at a time.

IDK, I think humanity is now benefiting for Apple setting the standard on what a modern smart phone should be.
0 Votes
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Lame patent
rhonin 21st Dec
@dave95.
Can do this on my Epix (win6.5)
0 Votes
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The Method Has to Be Non-Obvious
CFWhitman Updated - 21st Dec
@dave95.
Of course, something that you did with a stylus or a virtual pointer before you'd never imagine the possibility of doing with your finger. It must be patentable; who'd have thought of that?
0 Votes
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dave95: great news for competitors then
toddybottom 21st Dec
@dave95.
If things like "same method as before but on a glass surface" represent a new patent then all competitors have to do is patent this for screen sizes like 3.6". Brand new patent and Apple can't come after them.
0 Votes
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@Badgered
baggins_z 21st Dec
Precisely. Because a patent is all about HOW you do something, not what you do. Also, a key element of the patent is the "return to call" bar across the top of the interface during a call. Again, this patent is not stopping anyone from running apps during a call; it's telling them they have to do it DIFFERENTLY than Apple does it. For some reason, this very simple concept is impossible for some people to grasp.
0 Votes
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RE: Apple granted patent on using apps during calls
fatdad@... 21st Dec
@dave95. I am using a Treo 755p and it has these features. The Treo touchscreen and phone interface precedes the date of the patent. Guess Palm forgot to register it ?? If not, HP owns the patent Palm patent now. Maybe the patent folks aren't very diligent or capable of keeping up with all these software patents.
0 Votes
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RE: Apple granted patent on using apps during calls
bahamutwing 21st Dec
@dave95. My htc dream was capable of app switching while in a call. It's not new Apple tech or anything. It's too bad this is how Apple competes now, you'd think they forgot where their ideas came from.
0 Votes
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RE: Apple granted patent on using apps during calls
duper508@... 21st Dec
@dave95. Maybe you forget the iPhone was out for years before Apple added multitasking. Moreless, multi-tasking while on a call. Android had it in production first... that is a fact.
0 Votes
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RE: Apple granted patent on using apps during calls
rpollard@... 21st Dec
@dave95.
Everybody thinks the patent is ridiculous because they haven't put a lot of time and money into creating something only to have it ripped out from under you and used to make money off of.
You would all be singing a different tune if you had to go through this just once.
0 Votes
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Had to specify fingers
NotMSUser 21st Dec
@dave95. That will distinguish it from the original Palm and Windows Mobile devices that did the same thing but required a 'stylus' for the touchscreen technology of the time
0 Votes
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RE: Apple granted patent on using apps during calls
omdguy 21st Dec
@dave95.

"IDK, I think humanity is now benefiting for Apple setting the standard on what a modern smart phone should be."

I just threw up in my mouth. Apple has done nothing for the industry, the country or humanity and are a despicable, arrogant organization!
0 Votes
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RE: Apple granted patent on using apps during calls
sharpear 22nd Dec
@dave95.

Does that mean Skype will get sued by Apple since you can switch between the skype screen and other application icons? Or what about Android, where you can use a finger gesture to pull down the menu and open up another application?

I am going to start my patent on using my elbows to change between apps then. Maybe even be able to add noses and Toes when changing apps. I thought patents on software involved handing over actual Code. If it was really that easy to just patent a theory I better get on my patents so when something comes out next year I will already own the patent for it.

I love how it mentions that the phone detects finger gestures. Does that mean if I make an app that detects finger gestures from the icon menu so when I point or wave it falls under apples patent of switching between applications.

Does that mean I can patent a way that people drive cars? "patents granted based on the method of doing something? Which refers to a way of using a product to accomplish a given result?". Maybe I can start suing everyone I see driving on the highway with this patent.

Also resistive screens could detect fingers gestures. It's not the best of quality, and sometimes failes, but I use my fingernail over a stylus for my resistive screen. Even my Old Toshiba from 2003 could read my finger movements. Or even the Apple Newton from before even that.
0 Votes
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RE: Apple granted patent on using apps during calls
Natanael_L 22nd Dec
@rpollard: And why would that change our opinion on a crappy worthless patent? Especially if some of us ALREADY were using this solution before the patent were filed, and then had that STOLEN from us (yes, STOLEN, because we LOST something), why would we feel sorry for the "inventor" (greedy patent filer)?
0 Votes
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RE: Apple granted patent on using apps during calls
sjohnson@... 23rd Dec
@dave95.
"IDK, I think humanity is now benefiting for Apple setting the standard on what a modern smart phone should be."

If Apple owns all of the patents, then no one else can make amything that does the same thing! How is that setting a standard?
0 Votes
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RE: Apple granted patent on using apps during calls
sjohnson@... 23rd Dec
@dave95.
"IDK, I think humanity is now benefiting for Apple setting the standard on what a modern smart phone should be."

If Apple owns all of the patents, then no one else can make amything that does the same thing! How is that setting a standard?
0 Votes
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RE: Apple granted patent on using apps during calls
sjohnson@... Updated - 23rd Dec
@dave95.
"IDK, I think humanity is now benefiting for Apple setting the standard on what a modern smart phone should be."

If Apple owns all of the patents, then no one else can make amything that does the same thing! How is that setting a standard?
0 Votes
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It's just app switching
archangel9999 21st Dec
@jlwarlow Another improperly granted patent by clerks who have no knowledge of the subject - this is simply app/task switching - hiding behind a "call" doesn't change it - and this was done ling before apple filed this - unfortunately something that should never have been granted will now have to be litigated to invalidate it
0 Votes
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More legal BS
rhonin 21st Dec
@archangel9999

Yawn... Maybe I'll change jobs and become a lawyer....
0 Votes
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RE: Apple granted patent on using apps during calls
david@... 21st Dec
@archangel9999 No, this is not simple app switching or multitasking. The user experience is part of the process. Read the patent and the prior art. Apple's process is different then the 40+ variations that were awarded patents going back over 10 years. Nokia, Palm, and every other phone maker has similar GUI patents. Why not pick on them while you're at it??

(Full disclosure - I am also a patent holder so I am biased towards the intellectual property holders.)
0 Votes
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RE: Apple granted patent on using apps during calls
K B Updated - 21st Dec
@david@... Regardless, this is a lame patent. Patents should be only for things that are revolutionary, not evolutionary.

The purpose of patents is to spur inventions and innovation. Apple would have developed this process regardless of whether or not they could get a patent on it. This patent will only serve to stifle innovation.
0 Votes
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RE: Apple granted patent on using apps during calls
rpollard@... 21st Dec
@archangel9999
If it was, and I doubt it actually was ever done exactly the way they are doing it, why didn't they patent it... Probably because they didn't have anything like this in the first place to patent.
0 Votes
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RE: Apple granted patent on using apps during calls
Natanael_L 23rd Dec
@rpollard: Why file a crappy patent on something obvious unless you're MS or Apple? As said before, those who can't survive without patents are usually those who never even deserved them in the first place.
0 Votes
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RE: Apple granted patent on using apps during calls
tcjarvis2 21st Dec
Definitely prior art. Android aside, Palm was doing this with the Treo/PalmOS almost 10 years ago.
0 Votes
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But not with your fingers
LiquidLearner 21st Dec
@tcjarvis2

I agree the the patent is BS and will hopefully be thrown out. But we've seen worse stick around and this patent is specific enough to perhaps evade prior art while be broad enough to seriously hurt the competition.
0 Votes
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RE: Apple granted patent on using apps during calls
dave95. Updated - 21st Dec
@LiquidLearner

Speaking of worst patents. Samsung is now suing Apple over Smiley Faces. happy http://latimesblogs.latimes.com/technology/2011/12/is-samsung-really-suing-apple-over-emoticons-_.html
0 Votes
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RE: Apple granted patent on using apps during calls
SlithyTove 21st Dec
@dave95

Haha, yeah. Once the gloves come off in "stupid patent" wars, it is ALL fair game.
0 Votes
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dave95: how is that worse than what Apple has done and is doing?
toddybottom 21st Dec
Pointing to ridiculous patents from others does not make Apple's behavior any more forgivable.
0 Votes
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RE: Apple granted patent on using apps during calls
anono 21st Dec
@tcjarvis2
Pointing to ridiculous patents from others does not make Samsung's behavior any more forgivable.
0 Votes
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RE: Apple granted patent on using apps during calls
anono 21st Dec
@tcjarvis2
Pointing to ridiculous patents from others does not make Microsoft's behavior any more forgivable.......

I can continue, but you get the point.
0 Votes
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anono: please do continue
toddybottom 21st Dec
then we can all laugh at you for your off topic rants.

This is about Apple. Not Samsung. Not Microsoft. Apple is the one behaving badly.

But like I said, please continue. I do so enjoy laughing at you.
0 Votes
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RE: Apple granted patent on using apps during calls
sysop-dr 21st Dec
@tcjarvis2 Palm OS was not a phone. But PocketPC phone and that was released in phone edition in 2002 but any patents for it would have been submitted in 1996 to 2000 so I would say Windows Mobile has prior art to iPhone.
My second PocketPC was a Smartphone (Microsoft also was first to use that word Smartphone for a product) and that was prior to the iPhone being developed. You could take a phone call and use the start menu to switch to another app like notepad to take notes. The current version I have (Windows Mobile professional, not Windows Phone) automatically opens notepad if you pull out the stylus or slide out the keyboard so you can take notes while on speaker phone. or you can just click the start menu.
0 Votes
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RE: Apple granted patent on using apps during calls
dave95. Updated - 21st Dec
I would love to see something done with the patent office. But until that happens, I am not going to fault companies for wanting to protect their own interests filing for "ridiculous" patents. Whether its Amazon getting a patent on "one-click" processing or Microsoft getting a patent on 'Page Up' and 'Page Down' scrolling. So long as they don't become patent trolls, they're doing what they're supposed to do to protect there's and their share holders interests.

If Apple, Microsoft and others did not file for many of its patents, they would just be opening the door for patent trolls to sue them for millions years later.
0 Votes
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RE: Apple granted patent on using apps during calls
dave95. Updated - 21st Dec
Double
0 Votes
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Actually it does.... Once the rules of any game are
James Quinn 21st Dec
@toddybottom... firmly established one puts their survival at risk NOT to play by said.

Pagan jim
0 Votes
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Yes, anono we get the point
William Farrel 21st Dec
@anono

only you are your friends and family should, no must be forgiven for part offensives, but MS isn't.

So do you shun or stone your friends/family who have driven drunk, or only those that where caught?
0 Votes
+ -
Nse, BSe, Mcx and Ncdex trading tips
sharegyan001 18th Jan
If you are trading in NSE, BSE, MCX and in NCDEX then let sharegyan give you all stock trading gyan

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