HTC Claims Success In The Touch And Slide Patents' Battle With Apple

HTC Europe Co. Ltd v Apple Inc. and between Apple Inc. v HTC Corporation [2012] EWHC 1789 (Pat), 4 July 2012

In the 'touch screen' battle between Apple Inc and the Taiwanese manufacturer HTC, the High Court has ruled in favour of HTC. However, the trial judge was critical of the reading and trial time estimates, which he said were completely unrealistic, and said a pre-trial review should have been held.

The proceedings concerned four patents owned by Apple Inc ("Apple"), European Patents Nos. 2 098 948 (the "948 Patent"); 2 964 022 (the "022 Patent"); 2 059 868 (the "868 Patent") and 1 168 859 (the "859 Patent"). HTC Europe Co. Ltd ("HTC Europe") commenced revocation proceedings for three of the patents. Apple sued HTC Corporation ("HTC Corp") for infringement of the patents which were the subject of the revocation proceedings. HTC Corp then counterclaimed for revocation of the fourth patent. (HTC Europe and HTC Corp are referred to as HTC below.)

The 948 Patent (touch event model)

Apple's 'touch event model' patent, concerned with computer devices with inputs which are multi-touch enabled, capable of responding to more than one touch at the same time, was ruled invalid by the judge. Mr Justice Floyd found claim 1 of the patent invalid for both obviousness over common general knowledge and excluded subject matter while claim 2 was found invalid for excluded subject matter only. In any event, so far as infringement was concerned, Floyd J held that the 948 Patent was not infringed by the HTC devices. [Paragraphs 21 - 99]

The 022 Patent (the 'slide to unlock' feature)[paragraphs 100 - 241]

Apple's 'slide to unlock' feature patent is entitled "Unlocking a device by performing gestures on an unlock image" and is concerned with the provision of a user interface on a touch screen device which enables the user to change the state of the device by, for example, dragging an image over the screen. Apple commercialised this invention as the 'slide to unlock' feature of its iPhone which the user of the iPhone encounters on first use.

Computers had been able to recognise human input via touch for many years before the priority date and touch sensitivity is achievable by many different technologies. The human input may be by stylus, pen, finger or hand. A number of touch screen devices had been on the market for a number of years before the priority date of 23 December 2005.

While Apple used the 'slide to unlock' feature, HTC used the 'Arc unlock'...