A Munich regional court has found that Motorola products infringe on an Apple patent covering the way a touchscreen device is unlocked. The judgement in Germany states that the familiar “slide-to-unlock” feature present in most modern smartphones is Apple’s intellectual property.
This could lead to changes in future devices and could see some smartphone makers being forced to pay Apple royalties for previous use of the technology. The court decision relates solely to activity in the German market.
The hearing was the latest in a long line of suits and counter-suits between the two companies, and Apple’s first ever patent victory over Motorola. It originally focused on three separate applications of this gesture technology – two for phones and one for tablets. For now, the implementation used in Motorola Xoom tablets has been deemed acceptable.
Some people think Motorola has suffered more damage than it admits. Software patent expert Florian Mueller on his Foss Patents blog, “On appeal, Apple will presumably try to win on the third embodiment as well since it could be seen as covered by Apple’s patent. But even with the current scope, this is largely a win for Apple that will result in a noticeable degradation of the user experience of Motorola’s products.
“Germany has become a key battleground because of the size of the market, the speed of the process, and due to the fact that infringement findings entitle patent holders to injunctive relief,” he said.
Some other Android-powered smartphones, notably those manufactured by HTC, have already moved away from iPhone-style slide-to-unlock screens. Instead, they are using a “pull ring” with additional features.
The Google Android operating system is Apple iOS’ closest rival in the mobile market and the competition between the two, including regular court cases, might become even more intense than the raging battle of Apple against Samsung and its Android-based Galaxy Tab.
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Lawyers getting poor?
Particularly intriguing that the German court granted this one when there's centuries of prior art for "slide to unlock". Is there anyone left who doesn't think the patent system is utterly broken?
Patent for this? No wonder lawyer jokes abound on the internet! Well, Motorola could easily switch to some other equally intuitive gesture e.g. double tap on a "door" icon. Or a more secure version where the device (Siri equivalent) responds to the "Knock knock" with "Who's there?" - and a biometric ally authenticated correct reply unlocks the phone.
Now, can I file for a patent?
In related news Apple sues garden gate manufacturers for breach of the slide to unlock feature.
Those that can't innovate, litigate.