Ok... think about this for a moment.
How else do you do anything on touchscreen, except making a gesture... it's no different than moving a mouse.
This is such an obvious thing that it should NEVER have been patented.
If you read the
actual patent, it describes a fairly specific procedure for unlocking a device using a touch gesture, specifically describing moving a graphical image along a predefined path, with or without visual cues.
It's easy to say that this is obvious, but you can say that about just about any other patented invention, after it is invented. Things seem obvious with 20/20 hindsight.
It would actually be interesting to see if Microsoft or Symbian had any patents for touchscreen displays for moving from a lock to unlock state using a stylus, and if that would be considered prior art? I guess, though, that's why these things go to court, and one reason why we have courts.
Check the date on that patent as well. It wasn't granted until 2/2/10. I believe I've had my Eris since 11/09. Is there some sort of patent protection during the application process because if not, this one should be dismissed immediately.
The patent application was filed in December, 2005. It was only granted in February 2010. I am sure that, at some point in the past, you have heard the phrase "patent pending". Patent applications are public, if I am not mistaken, and other inventors had the opportunity to challenge the validity, I suppose. (I wonder if the timing of the suits came when it did - that Apple needed these patents to move from pending to patented status.)
Personally, I think that patent holders have every right to protect their patents in court. The courts may very well rule that these patents are invalid, but it will take only one for Apple to prevail.
I've heard that Apple likely targeted HTC specifically because they are an easy target. They have been making phones for 13 years, but that is a short period of time, compared with any patent portfolios that a company like Motorola or Nokia may have in their far longer manufacturing history. However, this same analysis said that HTC likely has agreements with Google that state that Google will take responsibility for any alleged patent violations that involve the stock Android OS, and the unlock procedure sure sounds stock to me. I would bet that Google will be involved with this before long.