Apple's Evidence in Samsung Tablet Case Reportedly Flawed

Last week, Apple made news with its victory over Samsung that saw courts issue a preliminary injunction barring Samsung from selling the Galaxy Tab 10.1 anywhere in the European Union except the Netherlands following an infringement complaint filed by Apple over the Galaxy Tab's design.

Computerworld now reports, however, that an investigation by its Dutch affiliate Webwereld.nl has discovered [Google translation] a significant flaw in a key piece of evidence used by Apple in the case. According to the report, a key exhibit comparing the appearance of the iPad 2 to the Galaxy Tab 10.1 utilizes an inaccurate or distorted image of the Galaxy Tab 10.1 that makes it seem more similar in appearance to the iPad 2 than it actually is.

ipad galaxy tab aspect comparison
Specifically, the image of the Galaxy Tab 10.1 shows an aspect ratio of approximately 1.36 compared to 1.30 for the iPad 2, whereas the Galaxy Tab 10.1 actually carries an aspect ratio of 1.46. (It should be noted that the term "aspect ratio" is used here to refer to the dimensions of the actual device, not the screen.)

Photographic evidence submitted by Apple, found on page 28 of the German complaint, shows two pictures: the iPad 2 and the alleged Galaxy Tab 10.1, accompanied by Apple's claim that the "overall appearance" of two products is "practically identical."

But the picture Apple submitted of the Tab is inaccurate and does not match the real Galaxy Tab 10.1, Webwereld discovered. Further investigations have verified this assessment. The Galaxy Tab due on the European market is taller and more oblong than the iPad 2. However, the shape of what Apple claims to be a Tab 10.1 resembles the iPad very closely.

The inaccuracy is of key importance due to the fact that Apple's case centers on the Galaxy Tab's design being "practically identical" to the iPad, and any misleading evidence presented to support that stance could considerably damage Apple's case.

It is unclear whether the image has actually been intentionally manipulated to make the Galaxy Tab 10.1 appear more similar to the iPad, as some sources have suggested that Apple may have utilized an image of an early Galaxy Tab 10.1 prototype. Regardless of whether the image is obsolete or doctored, the German court responsible for the injunction is not likely to take kindly to the error when a full hearing on the matter is conducted beginning on August 25th.

Update: As John at Edible Apple and others have pointed out, Apple's evidentiary submission is not limited to the inaccurate comparison photo, as Apple did also offer a number of other exhibits in support of its case, including some showing actual side-by-side photos of the iPad 2 and Galaxy Tab 10.1 rather than just promotional images. Consequently, it stands to reason that the judge's decision was not based entirely on the flawed comparison, although the inclusion of inaccurate information in Apple's submission certainly is a curious one.

Top Rated Comments

miles01110 Avatar
150 months ago
However, the shape of what Apple claims to be a Tab 10.1 resembles the iPad very closely.

Well obviously Apple has the patent rights to "quadrilaterals."
Score: 28 Votes (Like | Disagree)
dgree03 Avatar
150 months ago
LOL wow, would they stoop that low??
Score: 28 Votes (Like | Disagree)
KnightWRX Avatar
150 months ago
Ok, I gotta admit I was wrong here, the nice people at Macrumors did post this as news, on the front page no less. :eek:

This will be especially harmful to Apple because the injunction was granted based on Apple's complaint alone, Samsung having had no chance to reply or file opposition and the judge not doing a hearing.
Score: 28 Votes (Like | Disagree)
jagolden Avatar
150 months ago
Some legal assistant just lost their job.
Score: 27 Votes (Like | Disagree)
ConceptVBS Avatar
150 months ago
I'm more shocked that MacRumors would post a news that would potentially hurt Apple. :eek:

I applaud you MacRumor editors for your professional journalism.

Well deserved. You guys are above others in the world of Mac news reporting.
Score: 26 Votes (Like | Disagree)
OllyW Avatar
150 months ago
Uh huh. Right. Apple doctored photos. :rolleyes:
Apple doctored evidence doesn't sound as trivial.

If they have knowingly altered the photos to look more like the iPad then they could be in big trouble.
Score: 22 Votes (Like | Disagree)

Popular Stories

Multi Display CarPlay 1

Apple Launching All-New CarPlay Experience Later This Year With These 5 Features

Sunday January 29, 2023 10:15 am PST by
In June 2022, Apple previewed the next generation of CarPlay, promising deeper integration with vehicle functions like A/C and FM radio, support for multiple displays across the dashboard, personalization options, and more. Apple says the first vehicles with support for the next-generation CarPlay experience will be announced in late 2023, with committed automakers including Acura, Audi,...
iphone 15 pro wifi 6e

Internal Apple Document From Leaker 'Unknownz21' Confirms Wi-Fi 6E Will Be Limited to iPhone 15 Pro Models

Friday January 27, 2023 10:01 am PST by
Multiple rumors have suggested that the next-generation iPhone 15 models will adopt the Wi-Fi 6E standard that Apple has already introduced in the iPad Pro and MacBook Pro, and now a leaked document appears to confirm Apple's plans. Sourced from researcher and Apple leaker Unknownz21 (@URedditor), the document features diagrams of the iPhone 15's antenna architecture. D8x refers to the...
iPhone 14 Pro Purple Side Perspective Feature Purple

iPhone 15 Pro Rumored to Have These 8 Features

Friday January 27, 2023 2:11 pm PST by
Apple's next-generation iPhone 15 Pro and iPhone 15 Pro Max are expected to be announced in September as usual. Already, rumors suggest the devices will have at least eight exclusive features not available on the standard iPhone 15 and iPhone 15 Plus. An overview of the eight features rumored to be exclusive to iPhone 15 Pro models:A17 chip: iPhone 15 Pro models will be equipped with an A17...
top stories 28jan2023

Top Stories: iOS 16.3 Released, iPhone 15 Pro Rumors, macOS Tips and Tricks, and More

Saturday January 28, 2023 6:00 am PST by
Following last week's hardware announcements, this week saw the actual release of several of the new products as well as operating system updates bringing new features and bug fixes across Apple's platforms. This week also saw some fresh rumors about the iPhone 15 lineup and Apple's upcoming AR/VR headset, while we shared some tips to help you get the most of your macOS experience, so read...
Foldable iPhone 2023 Feature Blue

Kuo: Apple to Release Foldable iPad With Carbon Fiber Kickstand in 2024

Monday January 30, 2023 12:55 am PST by
Apple will launch a foldable iPad with a carbon fiber kickstand sometime next year, according to analyst Ming-Chi Kuo. In a series of tweets, Kuo said he expects an "all-new design foldable iPad" to be the next big product launch in the iPad lineup, with no other major iPad releases in the next nine to 12 months. The analyst said he was "positive" that the foldable device would arrive in...
Hero0013

Best Apple Deals of the Week: 2021 MacBook Pro Gets Massive $500 Markdowns as Samsung Discounts TVs and Memory Accessories

Friday January 27, 2023 11:07 am PST by
As we near the end of January, this week we saw a collection of deals on Apple's iPad Pro, iMac, and the 2021 MacBook Pro. Additionally, we're tracking new sales on TVs and memory accessories from Samsung. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment, which helps us keep the site running. Samsung...