Apple Gains on Android with Slide-to-Unlock Patent Win

Apple secured the permanent injunction in Germany over almost all Motorola smartphones, which use the commonplace feature.

Apple will likely try to apply this patent to any other smartphone maker on the market as its next offensive in the intellectual property wars between Apple and Google. But the prevalence may backfire on Apple, if Motorola, now owned by Google, argues fair use grounds in a potential appeal.

Apple brought three infringement claims against Motorola in the lawsuit, which was argued in a German court December. Apple won the permanent injunction on two claims against Motorola's mobile phones, but lost the infringement claim against Motorola's Xoom tablet. The ban applies to most of Motorola's smartphones, and Apple can post bond to enforce it at its own discretion.

The win positions Apple to take on other manufacturers using similar features, with cases already pending. The iPhone maker is also claiming infringement against Samsung in a German court for the same patent, which lays claim to "unlocking a device by performing gestures on an unlock image".

A patent issued for slide-to-unlock in the U.S. proves Apple is fighting for ownership of the common feature. It's also seeking to back up those claims by pushing European regulators to issue fair licensing standards, which would benefit Apple if courts declare slide-to-unlock falls under FRAND. Then, Apple could license out the technology without having to go to court to get paid.

The decision hinders Motorola sales in the short-term, but it puts other Android makers at risk for infringement. But if Motorola appeals on fair use grounds, the company could overturn the ban, and enter a licensing settlement for the feature instead.

Such agreements are potentially becoming more common. Google, with a newly expanded patent portfolio from Motorola, assures European regulators it will license the patents fairly.

Still, the tables are turning for Apple in European courtrooms. Apple lost a case against Motorola that resulted in a permanent injunction against iPhones, but a quick appeal put a stop to any long-term sales infractions.

Whether or not Motorola follows through with a successful appeal, Apple's win is crucial to its ownership of smartphone features similar to the groundbreaking iPhone. Should Apple's win lead to other bans for Android devices, it could push Android to innovate a way around the patent to avoid the face-offs in the courtroom.