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Apple wins injunction against Motorola slide-to-unlock phones

By | February 16, 2012, 10:58am PST

Summary: Apple, once again, has secured another injunction against an Android manufacturer. This time, a repeat performance from Motorola, and specifically a ’slide-to-unlock’ patent.

Apple has secured a permanent injunction against Motorola over phones that implement a ’slide-to-unlock’ feature in Germany.

The case could result in Apple demanding that the smartphone giant, which was recently given the go-ahead to be acquired by Google for $12.5 billion by the European and U.S. authorities, take out the feature in its Android phones in the region.

Not only would that be a tricky task, it’s likely to affect worldwide users, as it’s easier to remove and replace the feature completely on a global level than in one country.

The case initially focused on three separate applications of this patent. One was ruled out because it was deemed outside of Apple’s reach.

But others are probably waiting for other patent suits to come from this, as almost every other Android device, including HTC and Samsung — like they need any more hassle from Cupertino — has a similar slide-to-unlock feature.

FOSS Patents author Florian Mueller, who attended the court hearing today, said: It’s a safe assumption that Motorola will appeal this decision,” adding: “This is largely a win for Apple that will result in a noticeable degradation of the user experience of Motorola’s products.”

“Apple is asserting the same patent as well as a related utility model against Samsung in Mannheim, and can always bring claims against more Android device makers in this jurisdiction. Today’s ruling is significant bad news for Android at large, and Google.”

Apple has not yet said if it would or not ask Motorola to remove the feature. Apple did not wish to comment at the time of writing.

Update: A Motorola spokesperson said: ““Motorola has implemented a new design for the feature. Therefore, we expect no impact on current supply or future sales.” As if we didn’t see that coming.

Image source: Alex E. Proimos/Flickr.

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Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit. Details of which are restricted, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from the Huffington Post, Business Insider, AllThingsDigital, The Atlantic Wire and CBS News.

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Were you aware that push to flush WAS patented
baggins_z 17th Feb
as an alternative to pulling a cord on an overhead tank? Probably not. Just like I'll bet you didn't think the pencil, typewriter and stainless steel needle were also patented.
Somebody will ask to clarify these patents as too broad.

On question though, how come these patents are never challenged in the USA?
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It is very specific
Bruizer 16th Feb
@Peter Perry

If you think the slide to unlock is broad, you don't know what broad means. The simple fact the same exact code could be used with different images to do both the iOS and Android slide to unlock points to just how similar the design (and specific the patent in question) is.
@Bruizer

You don't know what you are talking about.
@Bruizer Apple could now down 30,000 Chinese Children so their employees could work longer and you would still champion everything they do.

So, of course you think this patent isn't too broad.

Now, I will admit that Motorola's lock function might be borderline but to say it covers e ery unlocking mechanism where sliding an Icon on something else, is quite frankly insane!
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Apple could solve all the world problems and you would still hate them.

All I stated was simple fact. The slide to unlock patent is very narrow and very specific. Having actually coded a simulated unlock screen where you could make the app look like iOS's or Android's unlock screen I know for a fact that the same exact code could be used where only image resources differ. In short, yes the implementation is different between the two OSes but the method is the same.

Likewise, it does not cover every unlocking mechanism sliding an icon. Read the claims again learn what it covers. The fac HTC has been able to design around this, MS has been able to design around this, HoneyComb designed around this, Meego designed around this pretty much proves Google and Motorola are simply lazy.
@DonRupertBitByte You don't know what you are talking about.

Really? So someone who disagrees with you does not know what they are talking about? Yeah, okay... we'll get back to that one.

The whole thing is the patent that uses an icon of an arrow that points to the right side of the device that is slid from left to right to unlock the device with the words "Slide to Unlock". If Motorola used this without it being licensed by the patent holder - Apple - then they are in violation of infringing the patent and they need to be held accountable for the devices that use the infringed patent. it's really just that simple.

And yes the unlock slider on many android devices is quite similar to the "Slide to Unlock" patent Apple holds. I say that because I have BOTH an Apple iPhone 4 and a Samsung Galaxy S Fascinate and both have the slide to unlock feature. The one on iOS was part and parcel of the OS since iPhone OS 1x which was out prior to this incarnation of the Android OS so there IS prior art which Apple holds.
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Becuase the code was written in german
William Farrel 16th Feb
@Peter Perry
wink
@William Farrel

Ich muss mal schiessen
@gribittmep

Das ist nicht schon sad
@William Farrel That or they know that Europe favors Android. I cannot wait until the next Galaxy Tablets hit as Samsung has licensed the Power VR tech and developed arguably the fastest CPU on the market. Throw in a Super Amoled Screen and you have a can of whoop ass.
@Peter Perry

Hopefully, then, Google won't be granted this patent: h t t p://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&co1=AND&d=PG01&s1=780659.APN.&OS=APN/780659&RS=APN/780659

I wonder why they applied for a 'swipe to unlock' patent?
Wow, that was one smart engineer to have figured out that patent.

Amazing intelligence level at Apple.

Next from Cupertino: a patent about turning a device on by pushing a button.
@wendellgee@...

Everything is obvious when someone else invents it.
@dhmccoy slide locking latch on doors never existed before Apple?! Seriously?! All their did is writing a code to mimic the real world. I do not see an invention here
@pumkin_z The invention IS the conversion from the hardware slide latch to a software one, an invention and patent Apple came up with. Which is being infringed.
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Brilliantly said
baggins_z 17th Feb
and perfectly accurate.
@wendellgee@... Oh don't worry...I'm sure the trolls in Cupertino are already working on that.

But I don't care what Apple wins...'cause I'm going to continue to "slide-to-unlock" my Droid Bionic...and think evil thoughts about Apple as I do. happy
@wendellgee@... in your scorn and rush to vilify Apple you fail to realize that APPLE is the patent holder and that patent is being infringed. It's just that simple and your hatred for a tech company does nothing to change that fact.
Slide to unlock, wow.... unreal that someone awarded a patent on that. Next they will issue a patent for push to flush....
@tgschmidt damn! you just spoiled my patent application... shame on you. I hope you filed it first before disclosing at a public forum
@tgschmidt oh come on, please do tell us who implemented the slide to unlock thingie on smartphones before the iPhone? grin
as an alternative to pulling a cord on an overhead tank? Probably not. Just like I'll bet you didn't think the pencil, typewriter and stainless steel needle were also patented.
@amthekkel

Grant date means nothing, file date is everything in patents and in most IT companies patent files are done well before the product sees the light of day
@amthekkel So a company can't patent a part of their product 2 years prior to the release date of that product? Are you seriously this much of a tool?
steve jobs and Tim cook : "we like competition as long as the competition does not steal our IP ".

the usual story: first they laugh at apple, then they say 10,000 reasons why it won't work, then they are awed by Apple's success, then they copy and say " it was obvious all the time"

look at the recent iBooks Author thing : loads of negativity, 'it ain't going to work, no one will buy textbooks for iPads etc etc'

two years from now everybody will be ripping off iBooks author concept and say 'it was always obvious'.

they laughed at the iPod, iPhone, the iPad etc etc, then they copy saying that they've been thinking about and was about to implement it all the time...
lol.

the great wonderful thing is that many of the Apple iOS patents although filed years ago (Jobs in 2007 "We filed for over 200 patents for all the inventions in iPhone") are just being approved, expect Apple to whack em some more...
@Davewrite - how was the iphone different to a Windows Mobile or PocketPC phone?

Both have touch screens.

Both have you clicking on things.

One is just larger so you do it with a finger instead of a stylus.

And a more refined GUI.

The principles are identical.

The presentation is slightly different, but not really 'invention'.
@HypnoToad72 simple answer. Windows mobile sucked Windows mobile also had a stylus, and even that was a crapshoot. I remember Balmer complaining that the iPhone did not have a stylus, thus would never be popular.
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@HypnoToad72 and tiles(on the metro) are very different from dead sea of icons... --boring.
*assembles a soap box and firmly stands on it*

How stupid are these Courts?

I have been asking myself this question for months now, and now I am asking everyone, How stupid are these Courts?

Message to Apple grow up, stop being the sniveling little child in the corner tattling on your other siblings, because seriously this is what it amounts to. (Poor Grammar sue me)

When I come home and slide my key into my schlade dead bolt, do you think that Masterlock is whining that someone else has made a rotating tumbler lock. (No I don't know who's intellectual property rights are being infringed upon when I unlock my door)

While I am typing this rant on my Samsung Laptop, do you think IBM is concerned that the qwerty typewriter was one of earliest products? (Once again I don't know, nor do I care who conceived of the typewriter)

Touch interface has been the stuff of Science Fiction for decades! Highlighting text or numbers and manipulating has been around since the earliest computers, and didn't require a mouse or touch screen. Sliding a lock on a screen to unlock is innovative? Give me a break!!!

So again, Apple grow up and become an adult computing company instead of the petulant brat that Steve Jobs held you to in the 80s - 2011.

Join the real world, and stop re-inventing the wheel and calling it yours and telling the world they can't implement it in their design.

*steps down from soap box*

I try my damnedest not to post to these, but really this BS is wasting taxpayers money in court and consumer's money in product cost to keep these frivolous lawsuits active.
@davbran

How stupid are Google and Motorola and the rest of the OHA? Every other company could come up with a different method that did not infringe on this, why not Google? Why not Motorola? Why not Samsung?

And do you really think MasterLock does not have patents? Really? Are you serious?
@davbran

I never understood why Tandy Corporation bought Radio Shack so many years ago.

It turned out Radio Shack purchased Grid Computers "way back in the day" long after Grid Computers ceased to be a factor in the PC laptop world.

But Grid held one key patent. An obvious design. Almost as obvious as a Slide to Unlock software switch.

The Grid patent was for the "clam shell" laptop case design where the screen folds down above the keyboard. Every laptop today (and back then) used that type of case design.

And guess what, a part of the profits from every laptop sold went to Tandy Corporation as part of a royalty agreement.

The only thing different in this case is that Apple is not asking for a royalty payment. Apple just wants that feature removed from other products.
and you thought MS licensing their patents was bad, now try obliteration from the Apple camp and you'll realize how nice MS is
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RE:Update
BorgX 16th Feb
Since that Xoom's unlock method was rules as non-infringing then this means that Motorola probably just needs to roll out ICS or back-port the Xoom's unlock method to have their products not banned. (As well as the appeal). This also means that Apple has an uphill battle in it's attempt to block the Samsung Galaxy Nexus with the slide to unlock patent.

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