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The $1 Billion Slide

A single gesture — finger moving right across a locked screen — touched off the most expensive patent war in smartphone history.

US 8046721·Unlocking a device by performing gestures on an unlock image

In January 2007, Steve Jobs swept his thumb across an iPhone screen and the phone unlocked. The crowd went quiet, then erupted. It was one gesture. It was also, eventually, a billion-dollar lawsuit.

The patent

Apple filed US 8,046,721 covering "unlocking a hand-held electronic device" using a gesture to move a graphical image along a predefined path. The patent was granted in 2011, four years after the original iPhone shipped.

The timing mattered. By 2011, Android was everywhere. Samsung's Galaxy line was outselling the iPhone in several markets. The slide-to-unlock gesture had become ubiquitous across the smartphone industry.

The litigation

Apple sued Samsung in 2011. The slide-to-unlock patent was one of the weapons. After years of legal proceedings, jury verdicts, appeals, and reversals, Samsung paid Apple roughly $930 million in damages across multiple cases — a portion of which was attributable to slide-to-unlock and other design patents.

The German courts told a different story. In 2016, a German court invalidated Apple's slide-to-unlock patent, finding that a Swedish phone manufacturer called Neonode had shipped a device with a functionally similar gesture in 2000, seven years before the iPhone.

The Neonode N1m was a tiny device that almost no one bought. But it existed. And it worked the same way.

The prior art problem

The European Patent Office ultimately revoked Apple's slide-to-unlock patent in inter partes proceedings, citing the Neonode prior art. The US Patent Trial and Appeal Board also found claims unpatentable.

This is the prior art problem in miniature: the USPTO granted a patent without finding existing documentation of the same invention. When adversaries had economic incentive to search exhaustively, they found it.

The irony is genuine. Apple's most iconic UI feature was built on an invention that already existed, used by a company that barely anyone remembers, in a product that sold almost no units. The only reason anyone found the Neonode was because a billion dollars was at stake.

What it changed

The smartphone patent wars of 2010–2015 cost the industry an estimated $20 billion in legal fees. They slowed Android device manufacturers. They created pressure to design around, rather than design well.

They also revealed the limits of the patent system for software UI. The USPTO eventually tightened standards for design patents and software patents following Supreme Court decisions like Alice Corp. v. CLS Bank. Slide-to-unlock-style patents became harder to get and easier to challenge.

The gesture itself survived. Every smartphone still uses it, or a variation. The patent is gone. The interface remains.

Read the full patent

Unlocking a device by performing gestures on an unlock image

PatentBrief is not a law firm. Nothing here is legal advice.