German court rules against Apple 'swipe-to-unlock' patent protection
Judges in a top German court ruled against Apple's European "swipe-to-unlock" patent on Tuesday, stating that it didn't meet high enough standards to secure patent protection.
The decision reinforces findings by an earlier patent tribunal in favor of Lenovo's Motorola Mobility unit, according to Bloomberg. The Motorola lawsuit originally had Samsung as another plaintiff, but the latter company ultimately withdrew.
"This user-friendly display was already suggested by the state of the art," the court said today. "The contested patent thus isn't based on an invention."
Apple managed to secure a German court injunction against Motorola in 2012, claiming that the company's implementation of Android violated its unlocking concept. The associated lawsuit is still pending on appeal, but should soon be able to move forward thanks to today's ruling.
Both American and European "slide-to-unlock" patents were once instrumental in Apple's legal campaign against Android device makers, borne out by former CEO Steve Jobs' accusations that the OS stole ideas from the iPhone. In May 2014 Samsung was found guilty of infringing the U.S. version of the patent, but earlier this year an appeals court panel voiced skepticism that Apple had encountered "irreparable harm" from the patent's misuse -- particularly since Samsung has long since stopped selling products that allegedly violate it, and Apple has licensed the technology to other parties.
The decision reinforces findings by an earlier patent tribunal in favor of Lenovo's Motorola Mobility unit, according to Bloomberg. The Motorola lawsuit originally had Samsung as another plaintiff, but the latter company ultimately withdrew.
"This user-friendly display was already suggested by the state of the art," the court said today. "The contested patent thus isn't based on an invention."
Apple managed to secure a German court injunction against Motorola in 2012, claiming that the company's implementation of Android violated its unlocking concept. The associated lawsuit is still pending on appeal, but should soon be able to move forward thanks to today's ruling.
Both American and European "slide-to-unlock" patents were once instrumental in Apple's legal campaign against Android device makers, borne out by former CEO Steve Jobs' accusations that the OS stole ideas from the iPhone. In May 2014 Samsung was found guilty of infringing the U.S. version of the patent, but earlier this year an appeals court panel voiced skepticism that Apple had encountered "irreparable harm" from the patent's misuse -- particularly since Samsung has long since stopped selling products that allegedly violate it, and Apple has licensed the technology to other parties.
Comments
Apple invents the gesture in this particular use case where it had never been done before and now that everyone wants to copy they get ripped.
Plain sucks.
...an appeals court panel voiced skepticism that Apple had encountered "irreparable harm" from the patent's misuse -- particularly since Samsung has long since stopped selling products that allegedly violate it, and Apple has licensed the technology to other parties.
Yeah, because iPhone-cloners like Samsung use Apple's tech to make it look/feel like an Apple product, and then after they stole - make their money, the go elsewhere.
What the hell is the use of a patent, if they can't enforce it? Apple made/redefined/etc.. the modern touchscreen-OS interface and now the courts (not the patent office) are now the ones deciding to what degree a patent must be violated before the patent can be used? Bullsh!t.
Touch ID is a perfect example. Fingerprint readers have been around for ages, but once you put it on the iPhone the "slide to unlock" thing seems childishly primitive by comparison. And Apple went further and invented a mobile payment system based on Touch ID that far surpasses the security of all current payment systems -- but I suppose there's no valid patent in that either, since every part of it existed beforehand. I think the patent courts and patent system punish original thinking as much as they reward it sometimes.
Actually they didn't it, Neonode invented and even released a phone with slide to unlock, 3 years before the iPhone. Though Apple's implementation was more elegant. This patent should have never been granted in the first place as the only thing separating the two was a slide bar graphic. Here is Neonode's patent filing http://www.google.com/patents/US8095879?dq=8095879&ei=YHdCT56bFerE2wXU8qiVCA and a picture;
Huh?
Why do taxpayers even pay for these bozos...
/facepalm
Apple licenses 1-Click purchase patent from Amazon. Amazon has had no luck getting patent protection for it in Europe. It doesn't surprise me that Apple is losing this in Germany. Or as the trolls say, "loosing."
Why? How do they benefit the industry or inventors? How is it destroying the patent system?
Hopefully the UK won't be for much longer
Omg.
Apple invents the gesture in this particular use case where it had never been done before and now that everyone wants to copy they get ripped.
Plain sucks.
It's ONLY in Germany. Frankly, who cares at this point? Their thumbprint reader is far more important.
This is happening because the software industry is anti-patent. And Apple lets its defense lawyers trash the patent system just as much as any other big tech company. I've been complaining about this for years. Nobody likes to pay royalties on patents, but you can't have it both ways. You can't expect the courts to apply one standard when the innovation comes from a non-practicing inventor and apply a different standard when it's a big company. Courts don't play favorites, and we wouldn't want them to.
It's a GERMANY ONLY ruling. Do understand that distinction?
Not sure of your agenda, but it seems appears based on a mindless ignorance of patent infractions in real life. Any new info to back up this assertion?
I hope it destroys the patent system - get rid of all software patents, they are stupid.
I hope it destroys the patent system - get rid of all software patents, they are stupid.
That's Commie/Google talk.
I like to ask the judges a dialectic question. If the iPhone does not meet high enough standards, why the consumers are willing to pay a high premium for iPhone? If the judges care to look around, most of the iPhone features have been copied by an army of cloners. So what are the unique features that the consumers are paying for?
I don't think they meant the phone itself didn't meet high enough standards.
I hope it destroys the patent system - get rid of all software patents, they are stupid.
Says someone likely to have never had an original idea in his life. It takes a lot of work and to make something innovative, it takes 5 minutes to copy it. Without protection, you forfeit progression.