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 Regardless of whether the image is obsolete or doctored, the German court responsible for the injunction is not likely to take kindly to the error when a full hearing on the matter is conducted beginning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
142 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
142 months ago
LOL wow, would they stoop that low??
Score: 28 Votes (Like | Disagree)
KnightWRX Avatar
142 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
142 months ago
Some legal assistant just lost their job.
Score: 27 Votes (Like | Disagree)
ConceptVBS Avatar
142 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
142 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

top stories 2jul2022

Top Stories: M2 MacBook Air Release Date, New HomePod Rumor, and More

Saturday July 2, 2022 6:00 am PDT by
The M2 MacBook Pro has started making its way into customers' hands and we're learning more about how it performs in a variety of situations, but all eyes are really on the upcoming M2 MacBook Air which has seen a complete redesign and should be arriving in a couple of weeks. Other top stories this week included a host of product rumors including additional M2 and even M3 Macs, an updated...
Mac Studio IO

Apple Begins Selling Refurbished Mac Studio Models

Thursday June 30, 2022 7:42 pm PDT by
Apple today began selling refurbished Mac Studio models for the first time in the United States, Canada, and select European countries, such as Belgium, Germany, Ireland, Spain, Switzerland, the Netherlands, and the United Kingdom. In the United States, two refurbished Mac Studio configurations are currently available, including one with the M1 Max chip (10-core CPU and 24-core GPU) for...
airpods pro 2 1

AirPods Pro 2 No Longer Expected to Feature Built-In Heart Rate or Body Temperature Sensor

Sunday July 3, 2022 8:07 pm PDT by
While past rumors have indicated the upcoming second-generation AirPods Pro will feature a built-in heart rate and body temperature sensor, Bloomberg's Mark Gurman has cast doubt on those rumors turning out to be true, saying instead such a feature is unlikely to come anytime soon. "Over the past few months, there have been rumors about this year's model gaining the ability to determine a...
Apple Watch 8 Unreleased Feature Thumb

Apple Watch Series 8 Model Rumored to Feature 5% Larger Display

Monday July 4, 2022 5:50 am PDT by
Apple is working on an Apple Watch Series 8 model with a larger display, according to DSCC's Ross Young and Haitong International Securities's Jeff Pu. In October last year, Young suggested that the Apple Watch Series 8 could come in three display sizes. Now, responding to a query about the rumor on Twitter, Young claims that the additional display size joining the Apple Watch lineup will be ...
macbook air m2

Exclusive: Apple Plans to Launch MacBook Air With M2 Chip on July 15

Wednesday June 29, 2022 5:23 pm PDT by
The redesigned MacBook Air with the all-new M2 Apple silicon chip will be available for customers starting Friday, July 15, MacRumors has learned from a retail source. The new MacBook Air was announced and previewed during WWDC earlier this month, with Apple stating availability will begin in July. The MacBook Air features a redesigned body that is thinner and lighter than the previous...