UPDATED 12:32 EDT / AUGUST 24 2011

Can a Kubrick Film Stop Apple’s Fight Against Samsung?

Just a day before Apple and Samsung are set to meet back in a German court over tablet infringement issues, Samsung was issued a preliminary injunction by a Dutch court in The Hague that will prevent sale of Samsung Galaxy S, Galaxy S II, and Ace smartphones in some countries belonging to the European Union, where Apple patent is valid.

Another point for Apple in the Samsung-Apple match where the score is 1-2: one point for Samsung when the German court temporarily lifted the European ban of Galaxy Tab sale; 2 points for Apple for delaying the Australian release of the Galaxy Tab and the Dutch preliminary injunction.

The Samsung smartphone ban is due to take effect in the middle of October if Samsung doesn’t find a way around the injunction filed by Apple, like they did with the German ruling.

This may be the most important win for Apple, as the preliminary injunction is based on a software patent that Apple owns, which means it is a direct hit on the Android platform used in Samsung devices.  If Apple wins in court with this, they could easily use this to go after other Android-powered device manufacturers.

But with Google acquiring Motorola Mobility, Android’s protection may be strengthened, foiling Apple’s, as well as other contenders like Oracle’s and Microsoft’s, plan to bring the Android OS down.

“Google’s acquisition of Motorola shifts the balance of power in the handset-patent conflict between Google and its operating system competitors,” NPD executive director of industry analysis, Ross Rubin, said in a statement earlier this week.

As for Samsung, it’s aiming for a court ruling that will declare the patent invalid by citing earlier inventions to point out that a certain patent should never have been granted.

Case in point, Samsung will be using the 1968 Stanley Kubrik film “2001: A Space Odyssey” where a minute-long clip shows two astronauts eating while using a personal tablet computer.  Apple claimed that Samsung copied the design and interface of the iPad but if you look at the movie clip, the tablet 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.

Patents based from “prior arts” are waived or not approved because no one has the right to claim rights to these, except maybe those who conceptualized it in movies or art forms.  Well, whoever thought about that should file a lawsuit against Apple for violating intellectual property rights then!

Tomorrow is “The Day.”  A day that would decide the fates of both Apple and Samsung: if Apple wins, iPad domination will be inevitable.  If Samsung wins, Android tablets will prove that they can and will put an end to Apple’s dominance in the tablet market.  We’ll only have to wait a few more hours.  Tick tock, tick tock…


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