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Lady_Satine
Title: Head of Lexian R&D
Joined: Oct 15 2005
Location: Metro area, Georgia
Posts: 7287
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from io9
Did Apple invent the iPad? Or did Stanley Kubrick and Arthur C. Clarke? Samsung is using the above clip as a piece of evidence in its defense against Apple's patent lawsuit over the Galaxy S and similar tablet computers.
Samsung notes that "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." You don't actually see the actor interacting with the tablet's user interface, but plenty of other science fiction movies and TV shows have depicted tablets, including Star Trek's PADD.
Science fiction has been used as prior art in patent lawsuits before — Robert A. Heinlein described something like a waterbed in a 1930s short story, and this was cited in a successful case against someone who wanted to patent the waterbed in the 1960s.
Ladies and gentlemen, thoughts?
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 "Life is a waste of time. Time is a waste of life. Get wasted all the time, and you'll have the time of your life!" |
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King
Title: CTE
Joined: Apr 27 2008
Location: Harrisburg, PA
Posts: 1506
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Whether people would agree that this is a sufficient defense, let alone an affirmative one, it not only has been used, but has been used successfully, only as it pertains to waterbeds, but also in things like the cell phone itself, various automotive technologies, and the list goes on. Fortunately or unfortunately, depending on your love, hate, or indifference of Apple products or the company itself, I would say, based on my current law classes, that if Samsung's attorneys are competent enough, and forceful enough, not only can they use this to defend, but push many other points in their collective defense, and could win handedly.
Though I will say, it will all depend on how the particular judge for the case interprets the evidence and legal precedents, as well as if they need to, how far it is able to be appealed.
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Blackout
Title: Captain Oblivious
Joined: Sep 01 2007
Location: That Rainy State
Posts: 10376
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Does Samsung have any control over the 2001 franchise, if not I fail to see how it has to do anything with their complaint.
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SoldierHawk
Moderator
Title: Warrior-Poet
Joined: Jan 15 2009
Location: San Diego, CA
Posts: 6113
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| Blackout wrote: |
| Does Samsung have any control over the 2001 franchise, if not I fail to see how it has to do anything with their complaint. |
They're pointing out that the design and general idea has been around for a long time--ergo, they aren't infringing on a patent, they're just developing something that has been imagined for years.
It's a good point, really. I rather hope they're successful.
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| Love all, trust a few, do wrong to none. |
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Blackout
Title: Captain Oblivious
Joined: Sep 01 2007
Location: That Rainy State
Posts: 10376
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Oh, they are saying yeah we can make this too because your patent is invalid because the idea has been around for years?
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Hacker
Banned
Joined: Sep 13 2008
Posts: 3129
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if Apple loses this right as Tim Cook starts as CEO then it'll make him seem like an ineffective CEO. Which would be likely to push Apple stock down.
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Blackout
Title: Captain Oblivious
Joined: Sep 01 2007
Location: That Rainy State
Posts: 10376
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Telling you in the Taco Bell thread, corporate warfare!
Now I want to play some Shadowrun.
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Hacker
Banned
Joined: Sep 13 2008
Posts: 3129
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It fits! It's all a McDonald's plot to get Samsung to hurt apple, destroying them putting hundreds of thousands of people out of jobs! So McDonald's can get of Apple's assets and start their own computer company!
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Blackout
Title: Captain Oblivious
Joined: Sep 01 2007
Location: That Rainy State
Posts: 10376
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The McApple will be the most successful portable handheld personal computing device as well as the tastiest and most nutritious item on the dollar menu, McDonalds will rake in the billions.
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aeonic
Title: Sporadic Poster
Joined: Nov 19 2009
Location: Kissimmee, FL
Posts: 2747
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| Blackout wrote: |
| The McApple will be the most successful portable handheld personal computing device as well as the tastiest and most nutritious item on the dollar menu, McDonalds will rake in the billions. |
So apparently you can eat an IPad? The people on Zero Hedge would've enjoyed that more, but it works here well enough.
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Who likes role-playing games? Me. Way too goddamn much. |
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Blackout
Title: Captain Oblivious
Joined: Sep 01 2007
Location: That Rainy State
Posts: 10376
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| aeonic wrote: |
| Blackout wrote: |
| The McApple will be the most successful portable handheld personal computing device as well as the tastiest and most nutritious item on the dollar menu, McDonalds will rake in the billions. |
So apparently you can eat an IPad? The people on Zero Hedge would've enjoyed that more, but it works here well enough. |
Yes but the real breakthrough will be the Iplug, that consumers can insert directly in to their orifice of choice to finally become fully integrated with their beloved gadgets.
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Mr. Satire
Joined: Jun 08 2010
Location: Termina Field
Posts: 1541
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| Blackout wrote: |
| aeonic wrote: |
| Blackout wrote: |
| The McApple will be the most successful portable handheld personal computing device as well as the tastiest and most nutritious item on the dollar menu, McDonalds will rake in the billions. |
So apparently you can eat an IPad? The people on Zero Hedge would've enjoyed that more, but it works here well enough. |
Yes but the real breakthrough will be the Iplug, that consumers can insert directly in to their orifice of choice to finally become fully integrated with their beloved gadgets. |
DO WANT! 
Also, on every Apple related thread, I shall unattach my signature, and append "Sent from my x", where x is the Apple device I used to post:
Sent from my iPhone.
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King
Title: CTE
Joined: Apr 27 2008
Location: Harrisburg, PA
Posts: 1506
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