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Hardware 2.0

Adrian Kingsley-Hughes

Windows 8 sure looks like it violates Apple's new 'Slide to unlock' patent

By | October 26, 2011, 3:41am PDT

Summary: Just slide it up … BOOM!

So, Apple’s been granted a patent on the ‘Slide to unlock’ feature present on the iPhone and iPad. Where does this leave Windows 8 which features a similar unlock mechanism?

Some background. Here’s a couple of images from the patent granted to Apple:

How does it work? Well, here’s how, in the words of Steve Jobs:

“To unlock the phone, I just take my finger and slide it across. Wanna see that again? We wanted something you couldn’t do by accident in your pocket. Just slide it across … BOOM!”

Here’s Jobs demonstrating it during the 2007 iPhone presentation (skip to 15:30):

OK, so as my ZDNet blogging buddy James Kendrick has pointed out, the granting of this patent means that every Android device now infringes on this Apple patent. That’s a pretty big deal. But he also suggests that Windows 8 might fall into the same trap.

Well, let’s find out if the Windows 8 developer preview works the same way shall we?

To unlock the OS, I just take my finger and slide it up. I wanna see that again. Microsoft obviously wanted something you couldn’t do by accident. Just slide it up … BOOM!

Hmmm … different direction, but otherwise the same gesture. I wonder if the patent says anything about a horizontal slide, left to right. Here’s the abstract for patent #8,046,721:

A device with a touch-sensitive display may be unlocked via gestures performed on the touch-sensitive display. The device is unlocked if contact with the display corresponds to a predefined gesture for unlocking the device. The device displays one or more unlock images with respect to which the predefined gesture is to be performed in order to unlock the device. The performance of the predefined gesture with respect to the unlock image may include moving the unlock image to a predefined location and/or moving the unlock image along a predefined path. The device may also display visual cues of the predefined gesture on the touch screen to remind a user of the gesture.

The key phrase seems to be ‘predefined gesture on the touch screen,’ which to me seems orientation insensitive. Doesn’t matter if it’s left to right, right to left, bottom to top, corner to corner.

Now, I am not a lawyer, and I don’t play one on TV or on the internet, but it feels to me like the Windows 8 lock screen does indeed violate Apple’s patent.

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

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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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RE: Does Windows 8 violate Apple's new 'Slide to unlock' patent?
fldbryan@... 17th Feb
Sorry, but I disagree. Apple only shows a motion going across and furthermore only from left to right. For those Androids that use the same gesture as Apple. Going from right to left would also avoid Apple's alleged patent. Adding the menu button on the image shows the orientation of the action.
Well, this maybe Microsoft's 'Thermonuclear' moment, if Apple attacks Windows.
@mm71

Unlikely. Microsoft and Apple have shared cross licensing agreements in the past. It is unlikely that either company would sue the other due to both sides having sufficiently powerful patent portfolios. In short, Microsoft and Apple are pretty much free to copy one another from a practical perspective.
@mm71 Microsoft and Apple have a cross licensing agreement. They do not sue one another. Microsoft has the largest patent portfolio in the world, most companies are not going to pick a fight with Microsoft unless they are patent trolls. Patent trolls have nothing to fear because they don't make products that you could countersue against. Apple does make a lot of products and has a lot to lose if Microsoft was forced to have Apple's products banned or altered to avoid infringement.
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MS can show prior art if they have to
archangel9999 Updated - 26th Oct
@mm71 Windows mobile versions pre-dating not just the patent filing date but also the release of the iPhone had a slide to unlock function - old HTC TouchFlo having copyright dates much earlier than Apple's filing have similar functionality - the PTO seems to have no one with the slightest knowledge of existing tech to evaluate these patents
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Also limited in scope
archangel9999 26th Oct
@mm71 Apple's patent description also requires an unlock image at a predefined location and continuously moving said image to unlock the device

Even if they claim the prior art isn't applicable (Apple does always think they've invented everything), how would the below description from their patent filing cover WP7 and Win8's non-predefined location (i.e., touch anywhere on the screen) and flick (i.e., NOT having to continuously moving an image) to unlock or Android's randomly placed unlocking mechanism??

"...detecting a contact with the touch-sensitive display at a first predefined location corresponding to an unlock image; continuously moving the unlock image on the touch-sensitive display in accordance with movement of the contact while continuous contact with the touch screen is maintained, wherein the unlock image is a graphical, interactive user-interface object with which a user interacts in order to unlock the device..."
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And since Apple ripped it off
archangel9999 Updated - 26th Oct
@mm71 from other pre-dating implementations, it's really not all that "inventive" is it? Nicer art work of the on screen visualization, but the method supposedly being "invented" in this patent wasn't invented by Apple

Another government (PTO) stooge waiting out their ponzi scheme pension too incompetent to do their job properly who should be fired for cause
0 Votes
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Very true
tallbruva 27th Oct
@archangel9999
One thing folks forget is that just because someone *patented* something first doesn't mean they came up with it first. Slide to unlock isn't new and existed before Apple itself ripped it off (http://www.androidcentral.com/apple-granted-patent-slide-unlock-even-though-it-existed-2-years-they-invented-it)

Wonder what Apple would say if Google patented the pull-down notification? Apple probably applied for the patent after they saw it on Android 1.0 3 years ago.
Everyone should show their disgust with apple and just stop buying their products. Maybe they'll get the hint that they are just going to far in believing the own it all.
@Nate_K So if Microsoft or Google had patented this it would be okay? Cue the Double Standards!
@Pete "athynz" Athens

Oh where has our favorite friend from Canada gone! At least NZ's iconic phrase still lives on.
@Pete "athynz" Athens Double standards? Really? I'm just tired of stupid things being legally protected. If we had allowed these things years ago, what would door locks look like today? 'Hey, "turn the key to unlock" was MY idea. You gotta make your key work differently.'

I'm sick of it, regardless of WHO does it.
@ bmgoodman

I fully agree. That "legal protection" thing is just a racket and, other than being mentioned in the US Constitution and dating back to 1474 in Europe, we certainly didn't allow such things "years ago."
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The only double standard
archangel9999 26th Oct
@Pete "athynz" Athens is that Applistas automatically assume that because Apple claims to have invented something - they must have really invented it - in this case they quite clearly didn't invent - they ripped off a pre-dating idea

Bet you also believe that Steve Jobs really helped "invent" the items in the 300+ patents he slapped his name on before Apple filed them - when the Cult of Apple drink the Kool-Aid, they go full out Jonestown
@archangel9999 i Jonestown they actually used flavor-aid, as opposed to the more expensive Kool aide. Just a little FYI. On a side note, what are your thoughts on Microsoft???s cams to have invented the cellphone battery meter and signal strength meters, and how they wan you of either a low battery, or weak signal?
@Nate_K
"Everyone should show their disgust with apple and just stop buying their products."

We tend to appreciate at least a smidgin of logic. But where's the logic in this?? Are you really saying that people should stop buying from a company that makes great products and protects the value of those products by preventing competitors from simply copying. Here's a company that's innovating and using proper legal channels to insist that others also innovate, and you want us NOT to support them. Weird. It might be different if you were complaining about patent law, but you seem to be just zeroing in on Apple...
@Nate_K
"Everyone should show their disgust with apple "

Who's disgusted with Apple?
And what does that have to do with this story?
All Apple did was get a patent.
@Nate_K You are right.They are so arrogant.Someone should teach them a lesson.
More temper tantrums from a dead man.... what a way to embody the spirit of someone....What did jobs say "When salesmen run big tech companies"? Should have eaten his own words...Since that's all he was. a Salesman.
@Nate_K yes, and also add "lawyers": "When salesmen and lawyers run big tech companies"
@Nate_K
"More temper tantrums from a dead man"

What temper tantrums are you referring to? In reference to this story, all Apple did was file and get granted a patent.
@Nate_K Read the book. Then retract your attack on a dead man.
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Which book?
toddybottom 26th Oct
@ExEC135CrewDog
The same book that Apple had to retract and ask everyone to download again because iBooks really messed up the first version?

That book?
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Yeah but...
CarlitosLx 26th Oct
With all the patents Microsoft has, it's impossible that Apple doesn't infringe some of them. And that's why they have a really huge cross-licensing agreement.

Notice how Apple isn't suing anyone because of WP7, that has had the slide up to unlock since it was released. (and now even has a slide down to power off)
crucially in my view is that Windows phone 7 and Windows don't offer any clues or show a predefined path for the finger to take.
0 Votes
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I have to question on the timing of when Apple applied for this patent, possibly after seeing this feature on another phone maybe (shades of Xerox)???

The patent system is broken beyond repair, there should be no patents on software. Copyrights on software are more than sufficient. If Apple goes after Microsoft or Google, both have extensive patents to go after Apple. A full fledged patent is a losing proposition for everyone, especially the consumers.
I think that all the company's in the world should attack Apple and finish them, and technology world will continue its peaceful coexistence ...
The patent is infringed only when all the points mentioned in the patent are implemented by a competitor. For WP7/Win 8, there is no unlocking image and no visual clues, so there is no infringement. But Android seems to be in trouble and obviously they will copy MS to get around especially when apple is going nuclear with the pirated OS.
@owlnet
I don't think Android is infringing this at least some of the HTC devices and some of Samsung devices that I own. But I could be wrong too, because I don't have experience with the rest.
I find the whole "Boo Hoo Apple sucks because they patented this" thing you ABAers are pushing to be ignorant... I guarantee if Google or Microsoft - depending on your particular bias - had patented this you'd be okay with it. This would not even be an issue if it wasn't Apple...
@Pete "athynz" Athens

I LOVE the way you assume that the only possible way that anyone could disagree with something Apple has done is if he is a 'hater'.......

Nope it can't possibly be the case that someone simply disagree with Apple, because in your bipolar world everyone either worships Apple or is filled with irrational hatred of Apple, and there is no middle ground.
@Doctor Demento LOL and you sir have proven my point!

Perhaps if you had said something along the lines of "Why was this ridiculous patent ever granted?" rather than call me out as some sort of Apple zealot you might have had a point but to call me bipolar? Really? LOL

I LOVE the way you assume that the only possible way that anyone could disagree with something Apple has done is if he is a 'hater'.......

There are a few things Apple has done that I disagree with - being unable to customize the GUI of the iPhone and the constant back and forth with the jailbreaking community being 2 of them... I also don't like the fact that Apple did not implement Siri on the iPhone 4 when the hardware is capable of supporting it - now that could be a server related issue i.e. less calls to the server if Siri is limited to iPhone 4S devices OR it could be and likely is because Apple wanted to sell the newer devices. So I guess by YOUR logic that you attribute to me I must be an Apple Hater. No middle ground. Go figure.

What else ya got?
This is what happens when Microsoft starts to invade other company's turf. Why can't Microsoft stick with what they do best--serving the business and serious PC users? There are plenty of opportunities to keep both companies happy and rich.
@TsarNikky
Did you really read the patent? if not please STFU. They both are different and AKH is waiting for people like to fall for his FUD.
0 Votes
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It's still a crap patent...
jasonp@... 26th Oct
@Rama.NET
Side-locking mechanisms have been around for hundreds of years. Just because some developer got the idea to make a digital representation of a physical process doesn't make the idea patentable. This would be like EA getting a patent on a digital wheel and forcing all gaming companies that develop games that include automobiles to pay them royalties. If this is the state of our patent system, it needs to be completely done away with.
Read the patent. It explicity mentions a horizontal sliding motion. This doesn't apply to Window 8 or WP7.

EDIT: In addition...
The device displays one or more unlock images with respect to which the predefined gesture is to be performed in order to unlock the device

Niether WP7 nor Windows 8 display any unlock images.
@Qbt
exactly. I think one of the qualification to become ZDNET official blogger is lacking reading comprehension. Period.
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RE: Does Windows 8 violate Apple's new 'Slide to unlock' patent?
LoverockDavidson_-24231404894599612871915491754222 26th Oct
@Rama.NET
+1
@Rama.NET Agreed... or more likely to "spin" it for maximum page hit yields. Either way I do not see Windows 8 as infringing upon Apple's patent but then again that's why I'm not a patent bloodsucker... I mean patent lawyer... and do not pretend to be.
@Qbt

For the record, my current Android is also a vertical slide, but most Androids have a horizontal slide, though it looks much different than Apple's. But as other are saying, that's an easy fix.
@Qbt

Read the patent. It explicitly mentions the horizontal sliding motion as an example. Also, it's not mentioned in the claims, which legally define the scope of the patents.
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@msalzberg
That patent gives examples of how this patent could be applied (recognizing telephone numbers for instance) but the claims, which legally define the scope of the patent, certainly apply perfectly to HTML links.

We'll see if this patent stands up to its first challenge. It looks like it will fall in the Netherlands.
@Qbt
"Read the patent. It explicity mentions a horizontal sliding motion."
Yes, please read the patent.
-> http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=8,046,721.PN.&OS=PN/8,046,721&RS=PN/8,046,721

It specifically mentions a horizontal sliding motion as an example.
Sliding horizontally is not the patent. Neither is an image.
Using predifined gestures to unlock is the patent.
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Are you sure you read the patent?
toddybottom 26th Oct
@Chris CA
"Neither is an image."

Really? The title of the patent is:
"Unlocking a device by performing gestures on an unlock image"

The abstract states:
"The device displays one or more unlock images with respect to which the predefined gesture is to be performed in order to unlock the device"

and this is again mentioned in claim #1:
"detecting a contact with the touch-sensitive display at a first predefined location corresponding to an unlock image; continuously moving the unlock image on the touch-sensitive display in accordance with movement of the contact while continuous contact with the touch screen is maintained, wherein the unlock image is a graphical, interactive user-interface object with which a user interacts in order to unlock the device; and unlocking the hand-held electronic device if the moving the unlock image on the touch-sensitive display results in movement of the unlock image from the first predefined location to a predefined unlock region on the touch-sensitive display."

The unlock image and its movement along a predefined path is absolutely integral to the patent. This actually suggests that if the implementation uses an image that does not move, it does not violate this patent. I won't quote the relevant claims because nearly all of them mention moving the unlock image.
Slide to unlock is a very specific patent and simple changes are likely to get by but pinch to unlock would work as well.
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RE: Does Windows 8 violate Apple's new 'Slide to unlock' patent?
LoverockDavidson_-24231404894599612871915491754222 26th Oct
Doesn't look like Microsoft Windows 8 does violate the patent, and if it did its still in developer preview so they can easily change it. Don't make this into a bigger issue than it is, which is in fact really really small.
The patent mentions that it is a horizontal movement 10x. I believe you need to read the patent again.
Btw, a lawsuit for so minor feature would be ridiculous and Microsoft could change it for something different anytime.
@Nevellin
"The patent mentions that it is a horizontal movement 10x."
It mentions that specifically as an example.
The patent is about using predefined gestures (of any kind) to unlock the device.
@Chris CA You're righ, and this patent is ridiculous. ????'
Sorry, but I disagree. Apple only shows a motion going across and furthermore only from left to right. For those Androids that use the same gesture as Apple. Going from right to left would also avoid Apple's alleged patent. Adding the menu button on the image shows the orientation of the action.

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