The epic Apple-Samsung patent dispute is now on trial and, justly, generating headlines in the popular press.  In particular, it has been widely reported that the Court  has prevented Samsung from introducing clips from Stanley Kubrick’s 1968 classic 2001: A Space Odyssey in which astronauts Frank Poole and Dave Bowman are looking at tablets that have an uncanny resemblance to iPads.   Why, you might ask, would any lawyer think that a fictional device could be relevant in a high-tech patent case?  And if it could be, why is the judge being such a killjoy?  Answers after the jump.




No one sweated the small  details of consumer electronics design more than Steve Jobs.  Today’s ruling by the United States Court of Appeals for the Federal Circuit, in a patent dispute between Apple and Samsung, must have him throwing quite a fit, wherever he is.

Apple accused Samsung’s smart phones of infringing patents (pictured) covering the iconic ornamental appearance of the iPhone, as well as a patent covering its handy touchscreen display “bounce back” feature.  Apple sought a preliminary injunction against Samsung’s importation and sale of its competing phones.  A federal district court in California denied that request, and this appeal followed.


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  • Gary A. Rosen

    Gary A. Rosen, a lawyer, has litigated copyright, patent, and other intellectual property cases for more than 25 years, and is a Lecturer in Legal Studies at the University of Pennsylvania's Wharton School. Before entering private practice, he served as a law clerk to federal appellate judge and award-winning legal historian A. Leon Higginbotham, Jr. He holds a degree in physics from Haverford College and graduated magna cum laude from the University of Michigan Law School. He and his wife Lisa, a physician, and their two children live outside Philadelphia.
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