More broadly, the fact that any company can demand protection for the basic shape of a device, years before it had invented the actual device or technology, should not entitle that company to claim that it had patented the design for a smartphone any more than Richard Branson can patent business class travel in outer space.

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Shares in ailing 131-year-old camera maker Eastman Kodak spiked on Monday after the U.S. International Trade Commission announced it would review a patent-infringement claim against Apple and Research In Motion over the use of image preview technologies, patented by Kodak in 2001.

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