Apple Offers Flawed Evidence in Lawsuit against Samsung

From PC World: Apple and its lawyers have, perhaps inadvertently, misled the judge of a Düsseldorf court by filing flawed evidence of the similarity between the iPad 2 and Samsung's Galaxy Tab 10.1 tablets based on an inaccurate picture, an investigation by Webwereld.nl, a Dutch IDG publication, has found.

Last week, the German court ordered a preliminary injunction against the distribution of the Galaxy Tab 10.1 in all of Europe, except the Netherlands, where a separate and broader case is under way, in what has become a global war between Apple and Samsung for intellectual property rights on their products and technologies.

But it appears that Apple has failed to provide the German judge with accurate evidence. At least one of the Galaxy Tab 10.1 pictures that Apple provided as evidence in the German case is either wrong or manipulated. 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 with 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's claims to be a Tab 10.1 resembles the iPad very closely.

The picture of the alleged Galaxy Tab provided by Apple is cropped and its aspect ratio is distorted. According to Samsung, the Tab measures 256.7 x 175.3 millimeters, which translates to an aspect ratio of 1.46. The Tab pictured in the complaint however has an aspect ratio of 1.36. The bottom is about 8 percent wider than the actual one.

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