Samsung has been told that it cannot use the 1968 movie "2001: A Space Odyssey" as evidence in its case against Apple.
This latest bid to prove that it didn't copy Apple's iPad design was based on Samsung's suggestion that Apple's designs for the iPad were predated by a prop from the Stanley Kubrick film.
Samsung's Exhibit D was to be a still image taken from 2001: A Space Odyssey where astronauts are seen using rectangular tablet computers with, Samsung writes: "a dominant display screen, narrow boarders, a predominately flat front surface, and flat back surface (which is evident because the tablets are lying flat on the table's surface), and a thin form factor," reports AllThingsD.
Judge Lucy Koh ruled that the 'evidence' could not be used by Samsung. The ruling was in response to Samsung's appeal of Judge Paul Grewal's initial ruling that the exhibit could not be used. Judge Koh's ruling was based on the fact that although Samsung had presented the evidence during the preliminary injunction briefing, it had not made clear it's intention to "use the evidence to support its infringement and invalidity theories" until later, therefore Apple didn't have time to find counter evidence.
Samsung also won't be able to claim that the 1994 Fidler Tablets and Compaq TC1000 render Apple's patent irrelevant because they didn't make it clear in the preliminary injunction stage that they would use them to support the non-infringement claims, reports Apple Insider.