Where To? 3.0.3 is now available for download on the App Store. This update is merely a bugfix release:
Where To? 3.0.2 ist now available for download on the App Store. We’ve integrated a convenient little feature that Locations marked as closed are clearly indicated as such. If you come across a location that should be marked as closed you’ve to follow this manual procedure. We’re working on a better solution in a future update.
We also improved the map rotation to make it much more fluid (works on all devices with a compass, namely iPhone 4 and 3GS).
Furthermore we addressed various issues, particularly for French, French Canadian, Swiss and German customers:
To our surprise, the „PatentGate“ story, first revealed by Dan Wineman, ignited a true blogosphere frenzy. The New York Times, TUAW, The Register, TechCrunch, GigaOM, n-tv and heise online are just a few among the many commentators (see below) of the story.
Most of them came to the conclusion that the patent itself wouldn‘t steal any of Where To?’s design or functionality. Nilay Patel over at Engadget explains:
The only operative parts of a patent are the claims. (…) If it’s not in the claims, it’s not in the patent.
Indeed, when looking through the claims 1-21, there’s no evidence of anything close to Where To?‘s functionality. Our patent attorney confirmed this. The claims of this patent application are actually pretty narrow with the core invention being a method that detects the arrival of a traveler based on the itinerary and the fact that the device was turned off and turned back on again, and then sending out some sort of arrival notification.
The confusion arose from Apple’s including a 1:1 copy of the Where To? start screen in the detailed description (which basically sets the context of the invention).
Anand Sethuraman, Senior Patent Counsel at Apple, came back to our enquiry and explains in an email:
As discussed, Apple is contemplating steps to attribute the screenshot in the patent application to FutureTap. The patent application in question does not claim as inventive the pictured user interface nor the general concept of an integrated travel services application. We appreciate your taking time out to discuss the matter and will keep you updated.
So the use of the Where To? screenshot is not an offense in any way but merely an illustration that apps such as Where To? could make use of the invention. We feel honored over this mention and appreciate that Apple is looking into a proper attribution of the screenshot. In retrospective, I can say we wouldn‘t ever have considered the story alarming had the screenshot included a short attribution notice.
Looking back, I’m thankful for the great support of the community. We received a lot of good advice and many readers sympathized. Only the Apple haters who chimed in with their „Apple is evil“ attitude have been proven wrong now. I also read a few aggressive (mostly anonymous) feedback comments that called to boycott us because of our inability in understanding patent law. It’s true, we had no clue of patent law, the US one in particular. We learned a lot the last few days. Yet, my response to those boycotteurs:
Do you prefer developers who love reading patents over the ones who love to design user interfaces?
Nevertheless, I truly apologize if we stepped on anyone‘s feet. And now, let‘s go back to work.
macworld.com: The Macalope Weekly: An appointment with disappointment
macrumors.com: Controversy Over Apple Travel Patent Application
cultofmac.com: Apple Submits Software Patent For Other Developer’s App, Including Title And Design
gizmodo.com: Did Apple Slip An Existing Third-Party App Into A Patent Application?
148apps.com: Apple Patent Laziness
minyanville.com: Apple Accused of Ripping Off Third-Party iPhone Apps
crunchgear.com: Apple Knocks Off Existing App For Patent Application
technovia.co.uk: No, Apple isn’t patenting developers’ work. But it still has a bigger problem
tipb.com: Regarding Apple including 3rd party app screens in 1st party app patent filings
ipodnn.com: Apple plagiarizing others’ work in patent diagrams?
appadvice.com: Is Apple Trying To Rip-off Another Developer’s App?
computerworld.com: Apple “steals” iPhone app ideas and patents them (and lightsabers)
mosspuppet.com: Regarding the Apple/FutureTap patent Controversy
tnooz.com: Patently similar — Where To asks Apple how come?
craveonline.com: Is Apple Evil? Apple Patents Existing Third-Party App Design
conceivablytech.com: New Apple Patent, Someone Gets Fired Edition
brianericford.tumblr.com: Untitled
mrgan.tumblr.com: Whence
iphone-ticker.de: Apple-Patente: HighTech-Fahrrad und Interface-Klau
macnews.de: Apple patentiert App einer anderen Firma
maclife.de: Apple illustriert eigene Patentanmeldungen mit existierenden Apps
iphone-notes.de: Apple Patentanmeldung mit “Where To?” UI
macnotes.de: “Wohin?”-Startscreen in Apple-Patentantrag als Beispiel-Interface
intern.de: Apple schützt Apps per Patent
gamestar.de: Apple – Patentantrag mit geklauten Ideen?
computerbase.de: Lässt Apple sich von fremden Apps inspirieren?
iphonekult.de: Kurios: Apple will Patent anmelden – doch das Design gibt es schon
iphone-news.org: Patentiert Apple eine App einer anderen Firma?
touch-mania.com: Gar nicht cool: Apple klaut Interface von 3rd Party App
pcgames.de: App-Entwickler Futuretap: “Apple hat uns bestohlen!”
benm.at: News Mix: MacBook Air, Patente, iPhone CDMA, iPhone-Chef verlässt Apple
der-softwareentwickler-blog.de: Apple klaut Skizzen für Patentanmeldung
iphoneitalia.com: Apple imita le applicazioni presenti in AppStore e ne fa dei brevetti?
melablog.it: Il curioso caso del brevetto Apple che copia Dove?
punto-informatico.it: Se Apple brevetta le applicazioni altrui
macworld.fr: Quand Apple copie illégalement une application…
igeneration.fr: Apple: patent troll?
journaldugeek.com: Les photocopieuses d’Apple
macplus.net: Une photocopieuse aussi chez Apple ?
businessmobile.fr: Apple utilise des captures d’applications tierces dans un brevet
iphonezine.fr: La photocopieuse d’Apple est très efficace!
gizmodo.jp: ガビョ～ン、うちの iPhone アプリがアップルの特許申請に出てしまってる！
macotakara.jp: MACお宝鑑定団 blog（羅針盤
techwave.jp: iPhoneアプリのアイディア、アップルが勝手に特許申請?
iphoneclub.nl: Apple-patent voor iTravel bevat schetsen van bestaande apps
gazeta.pl: Apple umieścił interfejs cudzej aplikacji w swoim patencie
marcialcambronero.com: Podcast 1: “Apple vs. Where To?” (español)
genbeta.com: Apple plagió de la AppStore las aplicaciones que patentó sobre viajes y moda
iphonehellas.gr: Τρεις νέες πατέντες της Apple: Travel, Hotel, High-fashion Shopping
mobil.nu: Apple stjæler patent fra app-partner
Recently, we stumbled across a patent application that pricked up our ears. Apparently, Apple starts patenting mobile app ideas—and one of those ideas is (partly) ours.
Where To? 1.0 and patent drawing
Now some folks argued we might have a deal in place with Apple. I can assure you: we don’t. The story was equally surprising for us as for many others.
At first, we couldn’t believe what we saw and felt it can’t be true that someone else is filing a patent including a 1:1 copy of our start screen. Things would be way easier of course if that “someone else” would be really an exterior “someone else”. Unfortunately, that’s not the case.
We’re faced with a situation where we’ve to fear that our primary business partner is trying to “steal” our idea and design. So how to deal with that? — As some of you know, we’ve always been more than grateful for the platform Apple created. And, in fact, still are. However, we can’t ignore it if the #1 recognition value of our (currently) only app potentially is under fire.
Where To? 1.0 with its characteristic home screen has been launched on day 1 of the App Store. The patent has been filed in December 2009. And clearly, the number of details with all the icons, their ordering and the actual app name “Where To?” in the title bar (which, as a sidenote, doesn’t make a lot of sense as a module in a potential iTravel app) can’t be randomly invented the same way by someone else.
I’m not a lawyer. I can’t really judge whether the inclusion of a 1:1 copy of our start screen in someone else’s patent is legal. I just have to say, it doesn’t feel right. (If you can recommend a good, affordable patent lawyer, please let us know.) The perspective of an endless legal battle, however, is not very intriguing for a small company like us that aims to throw all its power into improving existing and developing new apps. So we definitely hope there’ll be an easy solution. Perhaps it’s just a flaw in the filing that can be fixed easily. If someone from Apple Legal reads these lines, you’re welcome to discuss.
In summary, this episode once more reinforces my personal aversion against software patents. In my opinion they discriminate against smaller developers who can’t afford building a huge legal department to defend against such patent cases and to research existing patent mine fields.
What do you think about the case? Are we overreacting? Please let us know in the comments, we’re glad to hear your thoughts.
The real problem, as I see it, is that no one thought to approach FutureTap, and let them know that they’d be doing so. I deal with patent applications a lot at work because they’re often used as evidence in trials that I work on, and there’s no way around the fact that they’re hard to decipher. Bloggers are bound to read a lot into this, and a lot of the speculation is going to be based on a lack of information.
However, we’re not completely convinced, the filing uses Where To? just as an example and we should be glad for the free marketing. First of all, I question the marketing power of 20+ page patent filings. Second, we actually read the patent application. The relevant part of the patent application reads like this:
[0056]In some embodiments, a user can view available airport services through the integrated application. As used herein, the term “airport services” can refer to any airport amenities and services such as shops, restaurants, ATM’s, lounges, shoe-shiners, information desks, and any other suitable airport services. Accordingly, through the integrated application, airport services can be searched for, browsed, viewed, and otherwise listed or presented to the user. For example, an interface such as interface 602 [602 refers to the Where To? drawing depicted above, note by the author of these lines] can be provided on a user’s electronic device. Through interface 602, a user can search for and view information on the various airport services available in the airport. In some embodiments, airport services can be prioritized based on their location in the airport (e.g., using an integrated or associated mapping application). For example, the available services can be filtered such that airport services within a certain distance of a user’s gate are displayed (e.g., within 1000 feet of the user’s gate, or within any other suitable distance). In some embodiments, a map of the airport can be provided that indicates the available airport services.
This paragraph sounds like it describes Where To?’s functionality pretty exactly. I admit though, I found no evidence in the important claims part (1.-21. at the very beginning of the patent application). Again, I’m not a lawyer (but I learned this awesome abbreviation: IANAL 
). Since all this is pure speculation, I guess our best advice is to stay calm and see what the lawyers say. After all, we should take legal advice from non-lawyers with a pinch of caution.
Also, we do hope that we’ll get a response to the inquiries we sent to Apple. (Actually, one of the reasons we waited nearly a week with this post, was to give Apple time to respond. When we were bombarded with rfc’s yesterday, we had to come out of the hiding, though.) So before we jump to false conclusions, we should give Apple a fair chance to explain.
The new version 3.0 of Where To? has been approved and is now available for download in the App Store. It’s free if you’re currently using the 2.x version and $2.99 (or your local equivalent) otherwise. Some of the new features are only available on iPhone 4, some require iOS 4. But we haven’t forgotten our iPhone classic users, so there’s something new for all of you.
Most of our users love the wheel-style home screen. Some of them criticized though that the tactile leather look wasn’t continued throughout the app. Well… we listened! Where To? 3.0 comes with a new integrated leather look that’s continued throughout the whole app. By the way: One little eye candy—I leave it up to you to find it—is based on a similar feature in NetNewsWire for iPad. My thanks go to Brent Simmons for his kind permission to “steal” the idea.
We love the new display of iPhone 4. From day one after the announcement at WWDC we knew we had to support the new resolution. After a few night shifts, Wolfgang, our Designer, finished the task to create hi-res versions of more than 170 images included in the app and we couldn’t be more pleased with the result.
This feature requires iOS 4 and one of the newer devices (iPhone 3GS, iPhone 4 or iPod touch 3rd generation) and is very handy for instance if you’re searching for a restaurant and wanna call to make a reservation. After the call you can get back to the exact same screen in Where To? — super quickly. Of course, it’s also handy if you quickly wanna check something in another app. You can use the new app switcher (double click on Home button) or the traditional home screens to switch between apps.
HTML Email SharingInstead of a boring plaintext mail Where To? now creates beautifully crafted HTML mails with an image of the location and links to the website and map.
If you’ve installed iOS 4 (on iPhone 3G or newer), you can share locations via SMS now without leaving the app. The cumbersome launching of the Messages app is not needed anymore.
Feature-wise, there’s a lot more to come over the course of the next months. We just didn’t want to cram everything into Where To? 3.0 to make sure, you guys don’t have to wait any longer to make use of the new features. Christian, one of our developers, is hard at work finishing an upcoming feature that’ll definitely put Where To? on a new level. We can’t reveal any specifics yet, so to be in the know first, subscribe to this blog or follow us on Twitter.
And if you like Where To?, please help us out and write a short review on the App Store. Or check our Facebook page and “Like” it.
Both iPhone 4 and iOS 4 are amazing updates to the platform and we’re thrilled to support them in Where To? soon. The Retina Display is just gorgeous and we think Where To? will look fantastic on it.
To get an impression, look at this part of the new home screen. What you can see is exactly a forth of the screen size of the iPhone 4. That part has the same number of pixels than a full size traditional iPhone 3GS display. Of course, the home screen is just the beginning, the map on iPhone 4 will look very impressive, too, and allows you to see much more details without having to zoom in.
Besides the Retina Display, we’ll support other iOS 4 features such as multitasking. And to make it round, Where To? 3.0 will also receive a major UI overhaul. We expect to submit Where To? 3.0 in the next week. Where To? 3.0 will be a free update for all Where To? 2.x customers.
While we’re finishing 3.0, the next release is already in the pipeline. Since there’s still some way to go, we can’t reveal any specific details yet. Rest assured though, it’ll add a cool new feature you’ll absolutely love!
Speaking of new, secret stuff: we’re also working on an app for iPad. It’s something completely new and unrelated to Where To?. And we think it’ll be useful and fun at the same time. Stay subscribed on our blog to be in the know, first.
Where To? 2.6.1 is now available for download on the App Store. It’s merely a bugfix release:
Where To? 2.6 is now available for download on the App Store. The update is free for all Where To? 2.x users. We added a whole lot of new features:
Where To? 2.6 adds support for getting directions using TomTom. The feature requires the TomTom 1.3 update published recently. There are two options to launch TomTom from inside Where To:
Use “Directions” to immediately start a turn-by-turn navigation and use “Open Map” if you aim to add the location to TomTom. In both cases you can skip the external app selection dialog by selecting “TomTom” as your Directions Helper Application in the Advanced 
Settings.
Pro Tip: You can now also start a navigation (using either TomTom, Navigon or Maps) to a contact: Search the contact and tap the details arrow on the map bubble. Then tap the address of the contact and choose your external app.
Where To? 2.6 supports the compass of the iPhone 3GS. It displays the angle of orientation and when tapping the locate-me button twice, it rotates the map according to the compass heading. Please be aware that the compass might return inaccurate values due to interferences. Check this Apple KB article for details.
The Details page now includes a picture (or a mini map) of the venue and the distance is shown. (Please keep in mind, we display the line-of-sight distance here and there might be inaccuracies due to the location detection).
Pro Tip: All fields including the image and the title can now be copied into the clipboard using tap-and-hold.
We’ve included Twitter and Facebook sharing. For both social networks, you need to authenticate the first time you’re posting. Then you can edit the update you’re about to post. The default update message (“Heading to…”) can be edited in the settings. For Twitter, the link is automatically shortened to make room for your text.
Pro Tip: If you enable “Add a location to your tweets” in your Twitter Account Settings, the tweet will include the geo location of the venue. And if you want to speed things up, you can opt to automatically post your updates without prior editing in the Where To? Sharing Settings.
Where To? 2.6 loads twice as many locations for your search as before. To load even more results, just move or zoom the map in the desired direction.
Indie+Relief was a great success. Yesterday, 294 copies of Where To? have been sold generating $617.40 in proceeds after Apple’s cut.
Some developers suggested Apple should donate its 30% share as well. We absolutely support this idea! While we’re unsure whether Apple will take this step, we decided to not only cover the 30% but round up our donation to $1,000. The sum has been donated to Médecins Sans Frontières (Doctors Without Borders).
If you’re considering a donation yourself and don’t know yet which charity to support, check out this summary of the Huffington Post. Or you can donate to the American Red Cross right in iTunes.
Let’s help together to remedy the terrible situation for the people down there.
A victim cries for her father as she is treated at the Israeli Defense Forces field hospital, Port-au-Prince, Haiti. Saturday, January 16, 2010.
To support the victims of the Haiti earthquake, we decided to donate all proceeds for Where To? purchases made on January 20 to Médecins Sans Frontières (Doctors Without Borders). So for every purchase of Where To? we donate $2.10 (100% of our revenue after Apple’s cut) to the cause.
Please check out indierelief.com, organized by Justin Williams and Garret Murray. All proceeds of more than 150 Mac and iPhone apps go to Haitian relief. I browsed through the list and there are some gorgeous apps that shouldn’t be missing on any Mac or iPhone. So you get great software and support the cause. Please help spread the word and tell your friends, family and colleagues.
We sincerely hope our donation can make a small contribution to tackle this terrible disaster.