Japanese Entrepreneur Sues Apple Over Key Flicks and 3D Touch on iPhones and iPads

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Toshiyasu Abe, a resident of Vancouver, Washington, has filed a lawsuit against Apple in Oregon district court this week, accusing the company of infringing upon his patent with Key Flicks and 3D Touch on select iPhone and iPad models.


The patent in question is No. 6,520,699, granted by the United States Patent and Trademark Office in February 2003.
Mr. Abe has been an entrepreneur and inventor for nearly his entire life. In the early 2000s, Mr. Abe dedicated substantial time and resources into developing, promoting, and protecting the then-novel user interface device claimed in United States Patent No. 6,520,699, titled "KEYBOARD."
Like most patents, the description and claims for this one are very long and exhaustive, but from a high level, it at one point refers to a "user interface device" comprising "a plurality of buttons displayed on a touch sensitive screen," with "each button being associated with a plurality of characters or functions."

Here's how the patent is described in the complaint, obtained by MacRumors:
The '699 patent covers at least a touchscreen device having a plurality of buttons displayed on the screen, each button being associated with a plurality of characters or functions. When a user touches or taps on a button, the device will respond by displaying a plurality of characters or functions associated with that button. The device can also detect an applied force and direction of motion, which enables a user to simply flick or swipe their finger toward the desired character or function to thereby select that character or function.
There are several other embodiments of the invention, including physical thumb control pads on a mobile phone, notebook, or steering wheel in a vehicle, each with a multitude of pressure-sensitive, geometrically-shaped keys.

Various embodiments of the patent

The touchscreen embodiment does sound similar to how accented characters are managed on the iPhone keyboard. When a user taps on the E key, for example, a menu appears with diacritics such as È, É, Ê, and Ë. The user then slides their finger over the desired character and releases to input it in a text field.

Abe believes Apple's infringement extends to the Flick Keyboard, introduced in iOS 11 for select iPad models. When enabled, the feature allows an iPad user to simply tap and swipe down on a key to input a number or symbol. If a user taps and swipes down on the D key, for example, a $ symbol is inputted.

The complaint alleges that 3D Touch also infringes upon his patent, given its pressure-sensitive, multifunction attributes.

Apple is also said to be further inducing infringement by aiding and abetting the development of third-party iPhone keyboards and apps that implement flick-style keys and 3D Touch, available through the App Store. Abe, who is Japanese, said flick input has particularly gained popularity in Japan.

Japanese keyboard for iPhone

The accused products include at least the following iPad and iPhone models sold in the United States: iPhone 6s, iPhone 6s Plus, iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus, iPhone X, iPad Air, iPad Air 2, iPad mini 2, iPad mini 3, iPad mini 4, 9.7-inch iPad, 9.7-inch iPad Pro, and the 10.5-inch iPad Pro.

The complaint alleges that Apple has known of Abe's patent since at least as early as 2009, when he first gave written notice of its infringement. The plaintiff allegedly exchanged a number of emails with Apple, and engaged in at least one phone call with the company's in-house counsel, but no agreement was reached.

Then, in 2017, the complaint alleges that Abe discovered an increase in Apple's infringing activities relating to the release of iOS 11, prompting him to send Apple another patent infringement notification letter last December. Apple and Abe communicated again, through counsel, but nothing transpired from the talks.

Abe is seeking damages adequate to compensate him for Apple's alleged infringement of his patent, in an amount to be proven at trial, but no less than a reasonable royalty. The court still has to agree to hear the case.

Article Link: Japanese Entrepreneur Sues Apple Over Key Flicks and 3D Touch on iPhones and iPads
 

charlituna

macrumors G3
Jun 11, 2008
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I’m tired of these patent trolls that don’t even use their patents.
US patent law doesn't require them to use it. but in this case his base description is super broad. I mean it essentially is the definition of any touch screen device. of which there are massive amounts of prior art.

and I'm curious why, if he knew that Apple was infringing almost 10 years ago, he didn't sue then. i mean Apple had plenty of money in the bank and he could have then used that win to support further suits if they kept infringing without paying him.
 

alphaod

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Feb 9, 2008
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Mr. Abe failed in that he never created 3D Touch. He simply "invented" the idea, but he never developed the mechanism for its implementation, therefore his patent should be invalidated.

It's like if I had patented the idea for a flying car, but never to go figure out how to get the car to actually fly.
 

tooloud10

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Aug 14, 2012
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So I wonder if he will sue the various Android makers or Google for having a touch screen keyboard system? And Microsoft for their on-screen keyboard? Countless other places doing similar on-screen things?
Probably, but you always go after the deepest pocket first.
 
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tooloud10

macrumors 6502
Aug 14, 2012
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When was the last time you heard of them suing a small company for infringing on one of their unused patents?
Hmm, I dunno. Are you questioning their right to do so?

It seems like a lot of people get hung up on whether the patent is being 'used' or not. There's a car in my garage that I haven't driven in a year; there's no question about whether I own and control it or not.
 

gavroche

macrumors 65816
Oct 25, 2007
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Apple has hundreds of patents they don't use, and probably never will. Does that make them trolls? Is it ok for someone else to infringe on them?
They also have thousands they do use. Generally when people refer to someone being a troll... they are referring to someone who's sole purpose/existence is to sue off patents. And I don't ever hear about Apple suing people in regards to patents they aren't using... all the famous suits are in regards to obvious patents thefts.
 

jclardy

macrumors 68040
Oct 6, 2008
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I'm pretty sure you could argue prior art - in Windows Mobile 6 you could tap and hold to get a contextual menu. Even Palm OS had something similar. This is essentially right click but with a touchscreen.

Honestly most software patents are so stupid - if it was required to be an actual specific idea I would be fine with them, but people patent the most basic things just because they can.
 

JRobinsonJr

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Aug 20, 2015
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I'm all for the concept of patents to protect inventors and inventions. BUT... IMO... this isn't an invention. It's an idea / concept. I would love to see real patent reform such that (1) ideas and processes are not generally patentable, (2) patents have specific implementation requirements, (3) multiple approaches to the same problem don't infringe.

I could be wrong about these, but regardless... something has to change.
 

Jetfire

macrumors 6502
Jul 10, 2008
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Cincinnati, Ohio, USA
US patent law doesn't require them to use it. but in this case his base description is super broad. I mean it essentially is the definition of any touch screen device. of which there are massive amounts of prior art.

and I'm curious why, if he knew that Apple was infringing almost 10 years ago, he didn't sue then. i mean Apple had plenty of money in the bank and he could have then used that win to support further suits if they kept infringing without paying him.
Yeah, this is why Patent laws need to be fixed. It was never meant to be used this way. It's also was not to be used for common sense items. They way their using patents now. If the car was invented today. Someone like this would have have patented putting the driver in the left or right seat.
 

Russlush3

macrumors member
Jul 18, 2009
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For those who can't read Japanese Hiragana, in the bottom two pics, the center character is "ka", and surrounding characters are "ki", "ku", "ke", and "ko"...a natural grouping and probably more intuitive to native Japanese speakers rather than typing in the roman character equivalent.

In any case, if Apple can raise patent lawsuits over a rectangular phone rounded edges, this is certainly a reasonable challenge.