2011年8月25日星期四

Samsung Claims Tablet-Like Device in '2001: A Space Odyssey' Invalidates Apple Patent

Here is an interesting protection inside the Samsung-Apple patent battle: Samsung claims iPad-like tablets have already been set up as "prior art," thanks to a scene in Stanley Kubrick's 2001: A Area Odyssey.

Apple states Samsung stole its layout.Apple states Samsung stole its design and style.If you're not up-to-date on the patent battle, here is what is going on: Apple statements that Samsung's Galaxy line of phones and tablets infringes on Apple's intellectual property. Between other points, Apple says the Galaxy line's "trade dress" or visual appearance is also related. Properly, Samsung disagrees--and they're pointing to 2001: A Room Odyssey as justification.

In a single with the Room Odyssey scenes, two astronauts are consuming collectively. Each and every incorporates a thin, tablet-like exhibit following to his meal tray. As the film was introduced in 1968--long ahead of Apple developed the iPad--Samsung argues that Space Odyssey establishes iPad-like tablets as "prior artwork," thereby invalidating one of Apple's patents.

Samsung says Kubrick owns tablet layout, not Apple.Samsung says Kubrick owns tablet design, not Apple.

"As with all the design and style claimed from the D'889 Patent, the tablet disclosed within the clip has an general rectangular form having a dominant exhibit screen, narrow borders, a predominately flat entrance floor, a flat back floor (that is evident because the tablets are lying flat within the table's surface), as well as a skinny kind factor," Samsung's legal staff writes.

This curious legal argument was noticed by Florian Mueller, who writes about technological innovation on the FOSS Patents blog site.

"It would be incredible when the court agreed with Samsung that this constitutes prior artwork for that distinct iPad-related design and style patent," Mueller writes.

I'm not a patent lawyer, so I am undecided whether or not it really is achievable to cite science fiction as "prior art" in an intellectual house lawsuit. Either way, I see one particular other flaw in Samsung's argument: At no point within the film clip do both with the astronauts interact with their shows. The so-called tablets act only as portable video clip monitors, not touch-screen computer systems.

But this can be only one exhibit between several that Samsung submitted as portion of its protection, so I doubt it will have considerably bearing around the U.S. District Court's selection. Let's just get it for what it's: a bizarre nod to geekiness in what's otherwise a really critical make a difference for Samsung and Apple.

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