As you may already know, Apple and Samsung are at each other’s throats lately.
Apple first sued Samsung for blatantly copying iPad, Samsung countered sued Apple and ordered Apple to show its next generation iPhone and iPad, which prompted Apple to amend its complaint against Samsung to include more Samsung models and Apple again accused Samsung of slavishly copying Apple’s product.
A German court even granted Apple a preliminary injunction baring sale of Samsung’s Galaxy Tab in the European Union, which was later withdrawn. FOSS Patents now reports that Samsung is using an interesting strategy against Apple’s preliminary injunction request.
FOSS Patents reports:
Ever since Apple started to assert the design of the iPad against other manufacturers, many people have been wondering whether there’s actually prior art for the general design of the iPad in some futuristic devices shown in sci-fi movies and TV series. And indeed, Samsung’s lawyers make this claim now in their defense against Apple’s motion for a preliminary injunction.
Samsung is apparently citing Stanley Kubrick’s ‘2001: A Space Odyssey’ movie as prior art against iPad design patent.
Attached hereto as Exhibit D is a true and correct copy of a still image taken from Stanley Kubrick’s 1968 film “2001: A Space Odyssey.” In a clip from that film lasting about one minute, two astronauts are eating and at the same time using personal tablet computers. The clip can be downloaded online at http://www.youtube.com/watch?v=JQ8pQVDyaLo. As with the design claimed by the D’889 Patent, the tablet disclosed in the clip has an overall rectangular shape with a dominant display screen, narrow borders, a predominately flat front surface, a flat back surface (which is evident because the tablets are lying flat on the table’s surface), and a thin form factor.
You can checkout the clip from the movie below:
It will be interesting to see if court agrees with Samsung that Stanley Kubrick’s ‘2001: A Space Odyssey’ movie as prior art against iPad design patent to avoid the preliminary injunction baring sale of its products.
What do you think? Please share your views in the comments below.
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