Recap: “Apple is giving Samsung a legal pummeling because it thinks the latter stole the iPad’s design for the Galaxy Tab. So far, the fight’s going well for Apple. But Samsung has something up its sleeve: Apple ripped off science fiction.” (excerpt from Gizmodo)
I’m really impressed with the Samsung’s patent legal defense to the accusations by Apple. Let’s start by saying I’m not a legal expert. Their defense might be a complete joke for all I know. But defending the accusation of copying the iPad design by demonstrating the ‘idea’ has been around long before Apple sounds pretty legit.
Let’s assume the fact that the patent system is completely and utterly broken. Apple holds a patent for a product that somebody wrote about over 40 years ago. So Apple applied for a legal permit to protect that unoriginal ‘idea’. Samsung had the same unoriginal idea and created the same product. That doesn’t make Samsung liable; it simply makes them equally as unoriginal as Apple. The fact that they can demonstrate ‘prior use’ in a movie supports that point.
If the argument holds, it has the potential to completely undermine the patent system as it exists today. Demonstrating that an idea has previously been used anywhere opens a whole new realm of defense. There is no such thing as an original idea. It’s just a matter of executing on that idea. Patents are sold today like commodities. The intent of the patent system has been bastardized beyond use. This new perspective on the concept of an idea shines new light on the simple fact that ‘There is no such thing as an original idea’ so legally registering it is irrelevant.
The simplicity of the defense is quite brilliant. I love it. And I hope the judge throws out the case along with all the other retarded lawsuits being filed over patent claims.
[...] a reference to inventions shown in Science Fiction movies?Here is what I'm talking about: http://www.thinkg33k.com/2011/08…Anybody ever heard of, what's called a "Poison Chalice". RepostCannot add comment if [...]