Many of you who have been following the technology and gadgets space may be aware of the amount of lawsuits and patent litigations going around today. Every major technology company is suing their competitors either as a pre-emptive strike or as a defensive strategy! Two interesting sequences evolved yesterday. Let’s look at the less absurd one first! Microsoft files a fresh set of suit against Motorola. Microsoft claims that Motorola infringes on 7 key microsoft patents. These patents are also infringed by Android OS apparently. But Microsoft wants to tackle Motorola first. Microsoft has appealed to US International Trade Commission that all Motorola Smartphones and feature phones should be banned from being imported, sold and advertised inside United States of America!
Motorola phones are supposedly infrigning key features such as email synchronization, calendars and contact,scheduling meetings and the phone being able to communicate with the application about the battery life and signal strength! This is getting really really frustrating from the neutral stand point of view. I mean, the inefficiencies in the way patents are granted is turning out to be a real monster headache and pain in the unspoken part! Since patents are vague, literally every invention out there seems to be violated by one or the other patents out there! All it takes is a smart IP lawyer to digg it up..In the name of making money and killing competition, the patent war is getting uglier day by day..Even the genuine cases are getting overshadowed by these border-line and hair-line infringements…!
Let’s get to the second sequence. This one is little interesting. Samsung has presented evidence to the european court. The evidence suggests that iPad was not Apple’s original idea after all. According to Samsung, Apple copied the design of iPad from a 1968 science fiction movie called “2001: A space odyssey”. Set in 1968, the movie largely depicts how things will pan out in the future. Samsung presented a youtube clip which shows two astronauts eating and using a personal tablet computer at the same time (as shown below in the picture)
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.
So, the thin form-factor, narrow borders, dominant display screen, flat front surface and a flat back surface and the rectangular form-factor all resemble the current ipad that we see in the market. Samsung also presented another evidence which is a prior art called “The Tomorrow people” where a person can be seen accessing a tablet computer. So Samsung claims that Stanley Kubrick, the director the movie 2001: space odyssey designed the first ever iPad and therefore Apple cannot claim that they invented the design in the first place. If this is proven right, Apple’s case against Samsung might weaken. Clever lawyers..They need to just outsmart each other..! Looks like, IP attorney will be the most sought after job in the near future..!
Video clip used as evidence by Samsung against Apple