No, but Apple patented it first, which it would seem is the only thing that matters.
That clip doesn't show anything either.
It does seem that way with regards to your first point.
I don't agree with the second point. Apple is making an argument based on shape.
Here is another clip from slightly later on:
http://www.youtube.com/watch?v=-3949GAIokg&feature=player_detailpage#t=23s
The device is meant to be a portable computer/media device and is made by IBM in the movie. The reason they are on the table is since they used front projection to mimic a flat screen
which was not even invented at the time in 1968.
They were meant to be portable devices.
It shows the tablet form factor described by Apple for the first time on screen.
A rectangular tablet with a narrow surround is what Apple is describing.
It is mentioned in this post on this very page:
http://forums.overclockers.co.uk/showpost.php?p=20035617&postcount=245
In this clip from DS9, Sisko is editing a picture on a touchscreen tablet(called a PADD) using gestures:
http://www.youtube.com/watch?v=mj_Mdjs5Bds
It has a red surround which is slightly thicker.
This appeared in a film in 1994:
http://gizmoninja.com/wp-content/uploads/2011/08/tablet-newspaper.jpg
A tablet with a narrow black surround showing the front page of an electonic news paper or news feed. The device has tablet inscribed on it too.
This Samsung picture frame from 2006 looks like an iPad with a smaller screen:
http://www.engadget.com/2006/03/09/samsung-digital-picture-frame-stores-pics-movies-music/
Steve Jobs even paraphrases Picasso(poorly) in this video clip:
http://www.youtube.com/watch?v=CW0DUg63lqU
"Good artists copy great artists steal".
It seems prior art does not exist in Germany. Luckily in the Netherlands the judges seem to have more sense.
Companies seem to get away patenting almost anything.
A US company was successfully allowed a patent on "basmati rice lines and grains" until the Indian government stepped in and used diplomatic pressure to get most of the patents nullified.