Samsung has responded to Apple’s preliminary injunction against sales of its Galaxy S, Infuse 4G, Droid Charge and Galaxy Tab 10.1 devices with an ambitious patent filing. The electronic giant claims that the first tablet computer which shared the iPad's design characteristics was initially seen in Stanley Kubrick's 1968 film 2001: A Space Odyssey.
Although the opposition brief to Apple is not yet in the public domain, details were unveiled by blog site Foss Patents. Samsung has also reportedly filed 'extensive declarations with numerous exhibits' in their defence against Apple.
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“In a clip from that film [2001: A Space Odyssey] lasting about one minute, two astronauts are eating and at the same time using personal tablet computers,” claims the Samsung filing. “As with the design claimed by the D’889 Patent (Apple’s iPad design submission), 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 hoping that fictional representations or prior art of inventions have often been used to invalidate design patents. Apple were recently involved in a case like this when Klausner Technologies sued the company over its iPhone Visual Voicemail, a feature which was likened to science fiction prior art. Apple later settled out of court before licensing the patent.
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