Numerous reports in the recent months have suggested that Apple and Samsung are involved in an intellectual property battle. Apple is seeking injunctions in a number of countries to prevent Samsung from selling its Galaxy Tab and other Android-based related products from the company. Apple claims that Samsung has infringed upon their intellectual property rights by copying the designs of the iPhone and iPad.
FOSS Patents reports today that Samsung has used a movie clip in its defense against Apple’s request for an injunction in the U.S.
According the to the court filings, Samsung has offered a scene from Stanley Kubrick’s 1968 film 2001: A Space Odyssey as evidence of prior art that possibly could invalidate Apple’s design claims on the iPad.
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.
Samsung is questioning the design patent covering the ornamental design of the iPad, while Apple is claiming that the Galaxy Tab is identical to the iPad’s design. By providing a similar design from a movie clip shown in 1968, Samsung hopes to prove that there aren’t many other ways to design a tablet and prove that Apple’s iPad concept has been around for decades.
Personally, I find it hilarious that Samsung’s source is a YouTube clip, possibly copied and uploaded without permission. A bold way to carry on an intellectual property battle!