Samsung's defense against Apple calls up prior art... by Stanley Kubrick

Samsung's defense against Apple calls up prior art... by Stanley Kubrick
Last night, Samsung filed its opposition brief which will show its intended defense against Apple's US International Trade Commission case seeking to ban the import of the Samsung Galaxy devices. The filing includes a number of exhibits and declarations, which are not public record yet, but do give an indication of Samsung's planned defense in the case. 

The case is claiming that Samsung has imitated Apple's products in making the Galaxy Tab 10.1 and Galaxy S phones. Samsung has decided to call upon prior art in the case, although in a strange way. Normally, prior art in a case like this would refer to products brought to market (like perhaps the Samsung F700), but instead Samsung is calling on a different kind of art: Stanley Kubrick's 1968 film "2001: A Space Odyssey". Samsung included an image from the film, which is supposed to show that Apple's claim that the Galaxy Tab 10.1 is infringing on its design patents. Of course, the objects in the movie were actually just TVs built into a table, but the idea is to simulate a device which could be described much like the iPad in Apple's patent: it is rectangular, dominated by a screen, thin borders, flat back surface and flat front surface. 

We could have hoped that Samsung would have called upon Uhura's tablet from the original Star Trek series, but unfortunately that one didn't have a flat back surface. Either way, there's not much likelihood that the judge would throw out the case based on Kubrick, but it's nice that Samsung pointed the absurdity of these suits and gave a nod to a classic movie in the process.

source: FOSS Patents



1. ztedac

Posts: 69; Member since: May 17, 2010

some humor by samsung to apple's face =D clearly the fruit did not invent the tablet concept as claimed

12. stealthd unregistered

And where exactly did they claim to have invented the tablet?

2. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

The tablets that are in use in the movie look closer to Sammy's form factor.... Maybe Sammy could sue (or is it sew?) for an injunction against sale of iPads?

9. remixfa

Posts: 14605; Member since: Dec 19, 2008

yea, thats the "ultra widescreen" format.. lol. Apple prefers 4:3.

3. antipatent unregistered

samsung hwaiting!!! and stop making the 3 front button design with middle button pls lets start using normal android 4 button or no button.

4. drooidfan_007 unregistered

Has anybody seen the movie? As I recall the guys holding those devices in their hand before...

5. cheetah2k

Posts: 2293; Member since: Jan 16, 2011

The "tablet" concept had been around long before Apple ever got hold of it. The challenge for Apple (though) was to make it slim and very functional, which they did a pretty good job of. The fact Apple is trying to lay claim to "inventing" the tablet (ie, patenting it), is in itself, a very large slice of Science Fiction IMO

6. hey tardface unregistered

Ok, stay with me here, ill type it real slow for ya... ok I make tv's.... That functions I make worlds biggest tv.... that functions U make bigger tv... that functions I can no longer claim to call my tv... well, the worlds biggest tv. so... do i sue you now. no... I go back and think of something else new or make a bigger tv. It's a stupid reason to sue... bottom line

7. ardent1

Posts: 2000; Member since: Apr 16, 2011

Samsung is so desperate. I am surprised Samsung attorneys didn't use clay tablets with cuniform as an example of prior art. Everyone should know that the PC tablet existed almost ten years before the iPad. What Apple did was create a new class of tablets that Samsung blatantly tried to copy. Samsung crossed the line and chose to ignore Apple's private complaints. Samsung, you reap what you sow.

8. jacko unregistered

ok sammy copied the ipad so when did sammy-256.7 x 175.3 x 8.6 mm become ijunkpad-241.2 x 185.7 x 8.8 mm its like saying a truck is a car oh and u can do more with an android tablet Crapel--you reap what you sow

10. remixfa

Posts: 14605; Member since: Dec 19, 2008

tell me all the exact points of copying between Samsungs widescreen honeycomb tablet and apples 4:3 10 inch ipod?

11. darth8ball

Posts: 520; Member since: Aug 02, 2011

So two devices that are not the same shape, don't look anything alike side by side, and run different OS's are the same because one company copied the other while designing it's completly different product. Like saying Filet Mignon and a burger patty are the same because both are round and made of beef. Or a soccer ball and a basketball because both are round and filled with air and made of leather. Like Pam Anderson and Kathy Bates because both have skin, long hair boobs and a coocher. I could go on all night but going home to make my girl squeal

13. gallitoking

Posts: 4721; Member since: May 17, 2011

Samsung....!!! listen up... please watch an episode of south park... Humancentipad..... while you are at

15. 530gemini

Posts: 2198; Member since: Sep 09, 2010

My goodness. So Samsung never heard of the iphone and the ipad. They just stumbled on a 1960's film and then produced their galaxy tab, lol. Samsung's excuses are soooooo lame.

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