Apple has filed inaccurate evidence again in a major case against Samsung, this time in the Netherlands, where the company is arguing Samsung's Galaxy S smartphones are too similar to its iPhone 3G.
In addition to the charges that Samsung's Galaxy devices are "slavish" imitations of Apple's designs, the two companies are also clashing over several alleged patent infringements. Apple also has an ongoing case in Germany, part of a global intellectual property battle with Samsung in the mobile phone and tablet market.
Apple has provided flawed visual evidence of similarities between the iPhone 3G and Samsung's Galaxy S smartphones to the District Court in The Hague, an investigation by ComputerworldUK.com Dutch sister title Webwereld.nl has found.
This time, a picture of a Galaxy S smartphone has been resized to match an iPhone 3G.
During the court hearing last week, Samsung's lawyer, Bas Berghuis of Simmons and Simmons, claimed that Apple has been "manipulating visual evidence, making Samsung's devices appear more similar to Apple's." Berghuis, however, did not show evidence of his allegations.
Webwereld's investigation found that one of the pictures provided by Apple as evidence in the Dutch case is either wrong or manipulated.
Webwereld has briefed Apple and its Dutch counsel, Rutger Kleemans of Freshfields Bruckhaus Deringer, on the results of the investigation and submitted questions to clarify the issue. He declined to respond. Samsung also declined to comment, citing ongoing litigation.
On page 77 of the complaint, seen by Webwereld, Apple's lawyers have provided a picture of an iPhone 3G next to a Samsung Galaxy S as "an example of the similarity relevant to copyrights."
But the picture Apple submitted of the Galaxy S is inaccurate and does not match the real Galaxy S. Further analysis has confirmed this assessment. The Galaxy S, introduced in The Netherlands in July 2010, is both taller and wider than the iPhone 3G.
According to Samsung, the dimensions of the Galaxy S are 122.4 x 64.2 mm. The iPhone 3G measures 115.5 x 62.1 mm. In the text, Apple confirms that the Galaxy S has "some non-identical elements, such as the slightly larger dimensions."