Using science fiction to try to invaidate patents?

Samsung cites science fiction as prior art in US iPad patent case
[Via AppleInsider]

In its opposition brief against Apple’s US motion for a preliminary injunction against sales of its Galaxy S, Infuse 4G, Droid Charge and Galaxy Tab 10.1, Samsung is claiming a depiction of a video device from “2001: a Space Odyssey” as prior art.


As I understand it, you do not get a patent simply for having an idea but also for reducing it to practice. Claiming that the non-functioning model used in a movie reflects prior art seems really wild to me.

Simply because some imagined it should not mean that they hold the patent. If I recall correctly, Isaac Asimov in his Foundation series, written in the 40s, has people using a handheld personal computer that communicated with databases wirelessly in exactly the same way that people use cell phones and the Internet.

Does that invalidate all cell phone patents? Seems absurd.

Here, to me, is the best evidence that Samsung slavishly and simply copied Apple.

samsung copies apple

This picture sure seems to indicate that Samsung did not base its design on the movie 2001. It copied Apple.

2 thoughts on “Using science fiction to try to invaidate patents?

    1. Well, those on the losing side of some things would feel that way. Patent law, is in some ways, out of balance, providing ways for patent trolls who never produce anything to make millions.

      We are now seeing the corporate IP is worth more than the company itself so why actually make anything?

      Perhaps if we only allowed software patents to last 5 years post-aproval instead of 15 years or more, we could rebalance somethings. Then patents would continue to benefit those who innovate and produce a product but not provide succor to those who live by submarine lawsuits, rising up a the last minute when someone else has really created a product.

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