• Samsung Cites 2001: A Space Odyssey as Prior Art in Patent Suit

    by
    Phillip Swanson
    Published on 2011-08-24 01:23 AM
    20 Comments Comments



    Today Florian Mueller, writer for FOSS Patens blog, noticed a rather peculiar argument as part of Samsung's defense in their patent suit with Apple.

    Samsung is claiming 2001: A Space Odyssey established iPad like devices as prior art, as part of their defense. The argument is odd, and most definitely not an integral part of Samsungs defense, I hope.

    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. - Samung's legal team.
    The scene in questions shows two astronaunts eating at a long table with two devices on the table next to their food. The devices appear to be video screens, with dimensions similar to tablet devices. However, the astronauts are never seen interacting with the devices at all, giving very little credence to Samsung's claims that the devices pictured are even tablets.

    I will give Samsung's legal team props for citing one of my favorite movies in their argument, but having reference scores any points with the courts is highly unlikely.

    Source: FOSS Patents
    This article was originally published in forum thread: Samsung Cites 2001: A Space Odyssey as Prior Art in Patent Suit started by Phillip Swanson View original post
    1. Categories:
    2. iPad,
    3. iOS,
    4. Apple,
    5. Mac
    Comments 20 Comments
    1. sammo123's Avatar
      sammo123 - 2011-08-24, 02:33 AM
      Stupid Samsung trying to low ball Apple with this nonsense...pathetic
    1. GreenApp1e's Avatar
      GreenApp1e - 2011-08-24, 02:48 AM
      Quote Originally Posted by sammo123 View Post
      Stupid Samsung trying to low ball Apple with this nonsense...pathetic
      Funny how they think it'll work isn't it?
    1. cpotoso's Avatar
      cpotoso - 2011-08-24, 02:52 AM
      Excellent move! The courts should slap apple for this nonsense of trademarking/patenting/copyrighting the rectangle... Sheesh!
    1. iphone?3gs's Avatar
      iphone?3gs - 2011-08-24, 03:40 AM
      Quote Originally Posted by cpotoso View Post
      Excellent move! The courts should slap apple for this nonsense of trademarking/patenting/copyrighting the rectangle... Sheesh!
      Honestly, this isn't going to get them anywhere in the case. It's not relevant to the case, and will just make them look like there scraping the barrel.
    1. valkin's Avatar
      valkin - 2011-08-24, 05:36 AM
      Its amazing to see that Apple actually think they invented the tablet/pad...

      The whole idea if a "pad-like" device have been used in so many moves, eg. star trek... on this one, i think Apple is pathetic.. get real damnit.. you dident invent it just because you created one...
    1. psychodave's Avatar
      psychodave - 2011-08-24, 05:38 AM
      I'm sorry Dave, I'm afraid I can't allow that defense. LOL
    1. manickbarry's Avatar
      manickbarry - 2011-08-24, 05:47 AM
      I would have thought star trek would have been a better choice
    1. daytonaviolet's Avatar
      daytonaviolet - 2011-08-24, 08:08 AM
      pic from star trek ~ 1966

      i think apple copied it

    1. keenpois0n's Avatar
      keenpois0n - 2011-08-24, 08:44 AM
      Quote Originally Posted by daytonaviolet View Post
      pic from star trek ~ 1966

      i think apple copied it

      can definitely see the resemblance
    1. aemon's Avatar
      aemon - 2011-08-24, 11:25 AM
      Quote Originally Posted by sammo123 View Post
      Stupid Samsung trying to low ball Apple with this nonsense...pathetic
      But it's brilliant when apple sues samsung with the same kind of nonsense?
    1. rocky5's Avatar
      rocky5 - 2011-08-24, 12:19 PM
      Quote Originally Posted by sammo123 View Post
      Stupid Samsung trying to low ball Apple with this nonsense...pathetic
      If it was the other way round you wouldn't be saying that, Apple may have nicked the iPad design from one OS Samsung's picture frames, that was made in 2006.

    1. Du Blex's Avatar
      Du Blex - 2011-08-24, 01:23 PM
      So they're basically saying they'd rather be sued by MGM Studios instead?...
    1. RICO_'s Avatar
      RICO_ - 2011-08-24, 01:30 PM
      Whether it's relevant to the case or not is IRRELEVANT....the burden of proof rests with Apple. They have to prove that Samsung copied their design......Samsung does not have to prove that they didn't...although any evidence they submit would most likely help them.

      So the peculiarity of this really doesn't matter because it's certainly better than FORGING evidence.....which is what APPLE did. So try to remember that before you think something is ridiculous.
    1. Cheesey123's Avatar
      Cheesey123 - 2011-08-24, 01:35 PM
      http://www.dailymail.co.uk/sciencete...YEARS-OLD.html

      Another example of a tablet well before the iPad
    1. fmbar00's Avatar
      fmbar00 - 2011-08-24, 03:48 PM
      Quote Originally Posted by valkin View Post
      Its amazing to see that Apple actually think they invented the tablet/pad...

      The whole idea if a "pad-like" device have been used in so many moves, eg. star trek... on this one, i think Apple is pathetic.. get real damnit.. you dident invent it just because you created one...
      Sorry, but I think it is a whole different think between "think in something" and "make that thing"
      the ipad is not just an ordinary thing, it is nothing without the iOS which was made by apple, which I think is the most important thing in the tablet in my opinion
    1. cpotoso's Avatar
      cpotoso - 2011-08-24, 05:29 PM
      Quote Originally Posted by iphone?3gs View Post
      Honestly, this isn't going to get them anywhere in the case. It's not relevant to the case, and will just make them look like there scraping the barrel.
      Then tell me again... what are the motives that apple is suing Samsung? It is the look of the device. This proves the nonsense of that. As stated by others, apple has to prove their cases, not vice-versa. They will loose this one.
    1. dz302's Avatar
      dz302 - 2011-08-24, 05:47 PM
      Quote Originally Posted by cpotoso View Post
      Excellent move! The courts should slap apple for this nonsense of trademarking/patenting/copyrighting the rectangle... Sheesh!
      I think they are referencing whats inside the rectangle. Im waiting for someone else to create and produce something with the
      impact lame apple has done. i truly think that if someone builds a better product the migration to that product will follow.

      dz
    1. unison999's Avatar
      unison999 - 2011-08-24, 06:15 PM
      The patent Apple said Samsung infringed on is the look of the device.
      All Samsung have to prove is a device as a drawing or actual product that have similar looks would not only win the lawsuit, it would also throw Apple's patent out the window. It does not matter how rediculous it may be or the owner of previous device did not patent their concept, Samsung or any other companies can use it.
    1. Paco's Avatar
      Paco - 2011-08-24, 06:41 PM
      If a company wants to make a tablet I think they hav to make it a different shape like a circle to avoid any lawsuits from apple
    1. swifty7's Avatar
      swifty7 - 2011-08-25, 01:22 AM
      and besides those are video screens in 2001 not tablets. Samsung must be really disparate at this point.

      truly sad!!

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