I don't think Swype's patent is quite as general as we seem to be assuming (see below). If that's right, I think that could easily change the analysis of obviousness (though it also might not, of course).
When undocked, ASUS Transformers (and the Transformer Prime) have the option of swiping-based text entry. It is the same concept, but implementation is pretty clearly not Swype's (I've used both and, among other things, it isn't as good). Nevertheless, AFAIK, ASUS hasn't been sued over this, despite Swype's owner (Nuance) being known for a certain amount of litigiousness (see: Vlingo).
I suppose it is possible that ASUS licensed Swype's patent, but not their implementation, but that seems strange (how would the cost-benefit analysis on that work?). I think the more likely answer is that they're avoiding Swype's patent (or patents) somehow.
When undocked, ASUS Transformers (and the Transformer Prime) have the option of swiping-based text entry. It is the same concept, but implementation is pretty clearly not Swype's (I've used both and, among other things, it isn't as good). Nevertheless, AFAIK, ASUS hasn't been sued over this, despite Swype's owner (Nuance) being known for a certain amount of litigiousness (see: Vlingo).
I suppose it is possible that ASUS licensed Swype's patent, but not their implementation, but that seems strange (how would the cost-benefit analysis on that work?). I think the more likely answer is that they're avoiding Swype's patent (or patents) somehow.