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Apple may have skewed evidence in Samsung injunction: report

updated 03:15 pm EDT, Mon August 15, 2011

Apple allegedly changed evidence in EU court

Apple may have won its preliminary injunction against Samsung in Europe by using distorted evidence, Dutch site Webwereld reported. The image of the Galaxy Tab 10.1 has been cropped and its aspect ratio tampered with, the outfit found. The modified ratio makes the tablets appear "practically identical," where the difference is greater in reality.

The image supplied by Apple shows an aspect ratio of 1.36 for the Galaxy Tab 10.1, while it should be 1.46. The iPad 2, for example, has an aspect ratio of 1.30. Under the German court system, Samsung wasn't allowed to rebut the evidence Apple submitted, so a chance exists that the judge in charge of the case overturn the ban on August 25 at a hearing.

Apple will have possibly had its intended effect by cutting off sales for weeks, although a chance exists it may have to compensate Samsung for the damage.

If it stands, the evidence of manipulation isn't likely to help its chances for future preliminary bans in the US or the Netherlands. Although not likely to stand as direct evidence elsewhere, it could be used as support for Samsung's view that Apple is simply trying to shut down competition rather than address legitimate complaints. [via TechCrunch]



By Electronista Staff
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  1. facebook_Charlie

    Via Facebook

    Joined: Aug 2011

    -13

    So sad

    These things happen when the man is not watching.
    The first break was in the using of different innards in laptops in same production run.

  1. fjose1929

    Fresh-Faced Recruit

    Joined: Jul 2011

    +21

    Samsung

    Baloney. They used samsung's own promotional documents.

  1. viktorob

    Fresh-Faced Recruit

    Joined: May 2011

    +13

    Tiger vs Vista again?

    You mean "where the difference is greater in reality" because the camera is positioned in the left instead of the top? are you those who said Windows Vista was so different from Tiger because it has "Gadgets" and not "widgets"?

    Comment buried. Show
  1. wrenchy

    Forum Regular

    Joined: Nov 2009

    -28

    Criminal Intent


    Dear Apple:

    You're Photoshopping your falsified evidence wrong.

    Oh Apple, you're going to get your pee-pee whacked for this one.
    Samsung should just sue Apple for 10 Billion dollars for this frivolous lawsuit. This should ensure Samsung recovers their lost revenue due to this ridiculous ban. One way or another, Samsung will get their money back and then some.

    But the greater damage will be in the eyes of the public. The world finally see's what criminals are behind the shiny Apple logo. The luster will wear off soon enough and Apple will fulfill it's destiny as the New Microsoft. It's already happening.

  1. dliup

    Fresh-Faced Recruit

    Joined: Jan 2006

    +8

    @wrenchy FAIL

    Guess what? Apple used Samsung's own documents.

    Comment buried. Show
  1. Hercules Rockefeller

    Fresh-Faced Recruit

    Joined: Apr 2011

    -19

    Apple's fucked now

    God damn you people are fucken stupid. Apple tried to pull a fast one and got busted. This was an incredi ly stupid move by Apples super ninja lwayers y'all love so much. They just lost the case and set themselves up for a counter suit. This also makes Apple look like a bunch of a*******.

  1. Bobfozz

    Fresh-Faced Recruit

    Joined: Jul 2008

    +6

    sorry...

    don't think this will affect the German court. If a person draws someone, photographs someone, and makes some distortions, they can still get in trouble for doing what SAMSUNG did in the first place. Making things look closer or further away, taller or shorter doesn't have any effect on judging whether or not what the intent was.... in this case, to defraud potential buyers. Let's see how this shapes up.

  1. Gazoobee

    Forum Regular

    Joined: Feb 2009

    +12

    wrong

    Why is every site just reporting this verbatim when it's obviously inaccurate? First, nothing has been cropped. Secondly, one image was re-sized. Is it not almost certain that there is a legal description somewhere else in the documents that has the exact dimensions of the products in question? The picture is meaningless and has no legal weight on it's own. It's required for the lawyers and judges to actually read the submission, not just look at one picture from it and slam the gavel down. It's slanderous to report this as some kind of intentional illegal shenanigans when there is no evidence of that fact. The whole thing is ridiculous.

  1. tightzeit

    Fresh-Faced Recruit

    Joined: Jul 2006

    0

    Just go here

    and compare the pictures, some of them look like completely different ratios.

    http://www.samsung.com/au/smartphone/galaxy-tab/features.html

    I've done PS comparisons and there are definitely differences, even taking perspective into account.

    Some of the the images are quite distorted.

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