The case is important because it resulted in an injunction against the Galaxy Tab 10.1 and effectively banned it from the EU until the mess is sorted out,
However according to Webwereld, Jobs’ Mob appears to have doctored photographs to make the judge think that the two products looked the same.
Research Networks has been looking at the evidence and thinks that Apple and its lawyers have, consciously or not, misled the court in Dusseldorf by giving it incorrect evidence about the similarity of the Galaxy Tab 10.1 to the iPad 2.
At least one of the pictures of the Galaxy Tab which Apple used as evidence is either wrong or has been manipulated to make the products look “virtually identical”, it’s alleged.
The problem is that the image does not match the real Galaxy Tab. The Galaxy Tab 10.1 is longer and more oblong than the iPad 2.
The image in Apple’s evidence has been reduced and the proportions changed, it’s claimed. Samsung said that the Tab measures 256.7 x 175.3 millimeters which represents an aspect ratio of 1.46. However the image of the Tab has an aspect ratio of 1.36. The short side is eight percent greater than the actual tab.
The aspect ratio of the Tab picture is even closer to the aspect ratio of the iPad 2, which is 1.30. In other words the picture before the court looks more like an Apple’s iPad shape than the real thing.
Arnout Groen, an attorney at Klos Morel Vos & Schaap and IP specialist said that this is such a blunder that it must have been deliberate.
He said that Apple appears to have “flown off the road in its desire to be right”. He seems to think that Jobs’ Mob are having a go at tricking the German court.
The image might actually sink Apple’s case, as a court might not be impressed that it only issued an injunction on the basis of allegedly doctored evidence. The court might think that even if the picture is genuine but an outdated proto-type Apple have crossed a line.
The case has also opened in the Netherlands where Samsung has the right to defend itself against any injunction. As a result the Hague court seems a little more sympathetic for Samsung’s “precarious situation” and a ban will not be started earlier than October 13, which gives the outfit time to make adjustments.