Have Apple misled a judge while getting Samsung Galaxy Tab banned?

16 August 2011

Bitterwallet - the Apple tabletUh-oh! Apple has been taking everyone to the cleaners about various patents that they reckon they invented for the iPad. The fist big victim was the Samsung Galaxy Tab 10.1, getting pulled off the shelves until some sort of agreement was made.

However, it seems that Apple and their lawyers may have misled the judge who took their side by inadvertently filing flawed evidence and not providing an accurate picture of the similarity between the two devices.

It has been reported that at least one of the Galaxy Tab 10.1 pictures that Apple provided as evidence was either wrong or, worse still, manipulated. The photographic evidence submitted by Apple shows a picture of the iPad 2 and the 'Galaxy Tab 10.1' with the claim that the "overall appearance" of the two are "practically identical."

Sadly for Apple, it seems that picture they submitted of the Galaxy doesn't match with the real one. It seems someone has either accidentally or intentionally altered the aspect ratio on the image of the Samsung device, making it look more like the iPad 2.

Arnout Groen, a lawyer with the Dutch firm Klos Morel Vos & Schaap, specialized in intellectual property rights litigation, says: "This is a blunder. That such a 'mistake' is made in a case about design rights can scarcely be a coincidence. ... The aspect ratio of the alleged Galaxy Tab is clearly distorted to match the iPad more closely. Inasmuch as this faux pas will have consequences for the case is of course up to the judge. But at least a reprimand by the German judge seems to be in order."

Does this mean the litigation is going to be thrown out, leaving the door open for everyone else to muscle in on Apple's domination of the tablet market, or are Apple being stupid and should trust that their product is likely to continue to rule the tablet roost?

TOPICS:   Technology   Freebies   Scams   Gadgets   Mobile


  • Tweedskin
    The ban was lifted today because of the photo editing... http://www.engadget.com/2011/08/16/german-court-lifts-ban-on-some-european-samsung-galaxy-10-1-sale/ And also because "after a realization that a German court may not have the authority to halt sales of a South Korean company's device outside of Germany."
  • Brad
    Am I the only one who thinks wouldn't it have been easier to just have had 2 physical pads from each company put in front of him and compared? Its not like they were going to have to get 2 jumbo jets in the court room. I guess that would be too simple.....and then Apple wouldn't have been able to manipulate it to their advantage by Accident/On purpose (Delete as necessary.)
  • Alexis
    I find it pretty unlikely that a judge would grant an injunction based on a photo. A judge who was doing his job properly at least.
  • Tweedskin
    @Alexis Actually, i've read that the judge did have one of each tablet (a physical one) to compare. Although how they allowed this injunction is beyond me.
  • Zleet
    It was as if Apple tried to claim the flat-screen shape as their own. The funny thing about all this is that Apple is looking for a new screen supplier for the Ipad2 so may have to turn to Samsung.

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