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Flawed Evidence In EU Apple vs. Samsung Case

Posted by Soulskill on from the blame-the-metric-system dept.

An anonymous reader writes "The Dutch site webwereld.nl has found incorrect evidence submitted by Apple (Google translation of Dutch original) in the EU design-right case against Samsung. In the ex-parte case, a German judge recently issued a temporary injunction against the sale of the Galaxy Tab 10.1 in the whole EU except the Netherlands. The faulty evidence is a side-by-side picture of an iPad 2 and the Galaxy Tab. The Tab is scaled to fit the iPad2, and the aspect ratio is changed from 1.46 to 1.36, which more closely matches the iPad 2 aspect ratio of 1.3, according to webwereld.nl."

10 of 297 comments (clear)

  1. Incorrect? by fuzzyfuzzyfungus · · Score: 5, Funny

    An injunction against Samsung's inferior copy was issued, protecting our sacred exclusive right to produce rectangular objects with touchscreens. Any evidence that contributed to this correct outcome was itself necessarily correct.

    -S. Jobs

    1. Re:Incorrect? by Hijacked+Public · · Score: 4, Insightful

      If it is negligible, why go through the trouble to change it?

      --
      "Sacrifice for the good of The State" - The State
    2. Re:Incorrect? by andydread · · Score: 5, Insightful

      Its not about a less that 7% change or an "almost 10% change" Its about an attempt to fool the court into believing that the Galaxy Tab is a copy of the Ipad using doctored evidence. Such as manipulating the aspect ratio in order to make the dimesions of the products more similar, Its about removing the Samsung logo from the evidence submitted to the court. Its about changing the color, also taking a picture with the Android app window open and depicting that as the home screen which is not true. etc. All of these things display a deliberate attempt to mislead the court and play the judge for a fool. I'm not sure if you would be amused if you were a Judge in a situation like this.

  2. Re:Yeah... by h4rr4r · · Score: 5, Insightful

    They also made the surround on the Tab darker to make it look more like the iPad. Submitting photoshoped images to the court should cost them their case.

  3. flawed ? by martiniturbide · · Score: 5, Insightful

    ...nice and polite topic.. "Flawed"? It is "FAKE", "FALSE" evidence.

  4. Are we to believe... by arcite · · Score: 4, Interesting

    That there were no physical tablets to compare in person? Was the judgement made solely based on 'pictures?...

    1. Re:Are we to believe... by Baloroth · · Score: 5, Insightful

      Probably. If you read TFA, it was an 'ex parte" decision. Samsung wasn't even allowed to respond to or see the complaint before the ruling was issued, and Apple's complaint was the basis for the decision. It is also temporary, and this sort of thing bodes very (very very) badly for Apple. Hopefully they get slapped silly for this. Accident or not, it clearly indicates a contempt of the legal system.

      Then again, it should have been obvious Apple had no true respect for the legal system when they sued Samsung for making a thin rounded-edge rectangle.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
  5. Re:No Way To Spin These Lies Away by fuzzyfuzzyfungus · · Score: 5, Funny

    Unfortunately, the bottom of the injunction against Samsung read "The Court So Rules. Sent From My iPad", so the judge may be a bit more lenient...

  6. Link to the Actual Court Filing by Anonymous Coward · · Score: 5, Informative

    http://www.scribd.com/doc/61993811/10-08-04-Apple-Motion-for-EU-Wide-Prel-Inj-Galaxy-Tab-10-1

    Despite what the commentards are saying here, there are plenty of pictures in that filing showing the different aspect ratios. The picture called out here (page 28) has scaled the two tablets to be the same height, though this results in the Galaxy Tab 10.0 being narrower in both the screen and total device width -- it's just not obvious unless you line them up vertically.

    And for the commentards claiming that there should be a logo, that the Galaxy Tab doesn't do portrait, etc. I direct you here:
    http://www.androidauthority.com/wp-content/uploads/2011/06/samsung-galaxy-tab-10.1-front-and-back-view-portrait.jpg

  7. Not so much by Theaetetus · · Score: 4, Interesting

    If you actually go to the complaint, you see that there are several photos of the actual Tab, showing the different aspect ratio. There's also a listing of the actual dimensions of both, side by side.