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Apple files inaccurate evidence in Dutch Samsung case

Apple files inaccurate evidence in Dutch Samsung case

Is the iPhone and iPad maker shooting itself in the foot with manipulated images?

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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."

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  • motoman2WH3 saved Apple from bankruptcyOh yeah that old saw again facepalm
  • lucascott yes and that updated design went from something resembling the Sidekick the F700 to something that is strongly like the iphone the Galaxy Both in physical form use of a soft keyboard over the dominant clicklet physical keyboard of the time and the appearance of aspects of the OS The whole square icons in a grid is NOT obvious nor is the use of a dock nor is using a yellow flower icon for photo gallery Yet all these things have turned up on the Samsung phonesNow you want to give Samsung a valid defense particularly on the software front show us that the UI is 100 hard baked into Android and Samsung has zero selection in the matter Proof of that gives Samsung cause to file for a dismissal because the software was designed by Google so Apple should be suing them not Samsung But I have a feeling that you wont find that proof because the UI is not completely out of Samsungs hands
  • lucascott The app drawer thing is NOT underhanded As Apples contention is that they copied that element from the iOS home screen that it wasnt the home screen doesnt make the similarity legally okay
  • lucascott What a way to undermine justice assuming someone is guilty before considering the evidence the source and what motives said source might have for lying
  • lucascott Under the EU laws that allow the injunction until the case is tried if Apple loses they have to pay damages Agreeing to this and the amount they will have to pay is a condition of filing for the injunction
  • lucascott I see a photo out of context that may have been photoshopped by Apple to falsified evidence May have had accompanying text in the actual document to explain the adjustment and not be false at all May have been shopped by Webwereld to get them their 15 minutes of hit amassing fame Or May have been shopped by whomever handed Webwereld the photo and told them what it was for money or whatever and they bought it hook line and sinkerIll join the what a bunch of lying asshats team when I see the court documents themselves or the court validates the accusation Until then maybe they did Maybe they did not
  • Jon Garrett Androids UI is nothing like iOS UI if it was apple would be going after Google the UI doesnt belong to apple you ignorant moron Xerox invented the icon matrix which apple and everybody else is using
  • AdamChew JonGarrettdisqusIts the UI stupid
  • Dave Bg This is too much Someone made better phone and now they are suing the crap out of them Not cool
  • uno Yes that is probably so but that makes it even more stupid If Apple had handed in accurate images we wouldnt sit here and waste our time on thinking Apple unprintable things about Apple being the bad guy here
  • Observant Freeman They didnt sue then because they didnt get the patents until the middle of 2011
  • agamemnus Just because they lied doesnt mean they shouldnt get ahead Thats how the world works Now be a good little boy and give them money get over it
  • Jon Garrett Typical apple-fan hypocrisy On one hand you go on and on about apple investing money and all their research and development then on the other hand you say who made a successful tablet before the ipad So what is your argument really about who made the first tablet or who made the first successful tablet Tablets were around long before apple was a household name so apple cannot take credit for inventing it or innovating as they like to call it when they copy apple took the idea and improved on it dramatically improved on it but why is it OK for apple to take an already existing technology and ideas and build on the foundations of others but others cant do the same with apple technology and ideasas for keeping apple in business hmm Microsoft saved Apple from bankruptcy once already
  • Jon Garrett If Apple had an issue with Samsungs F700 looking too much like their iPhone they should have taken up the issue at that time but they chose not to then the Galaxy S came out and still not a peep from Apple Now 4 years later after Androids very swift and stunning success apple wants to come out with the copy-cat lawsuits If Samsung was copying and ridding the success of the iPhones why does the Galaxy S II still look like the Galaxy which still looks like the F700 and NOT the iPhone 4 if the Galaxy S II would have looked remotely like the iPhone 4 then yes apple would have a solid case
  • Guest So icons in a grid are Apples invention now Touchscreens are Apples invention now Are you serious
  • Jrmas I agree no judge would make a decision based on a facsimile they would have physical evidence an engineers report and some form of research to substantiate or refute the claims when dealing with an important issue such as this one The pictures are just meant for documentation purposes only Much to do about nothing Press is designed to attract attention not deal with the issues
  • anonymous Why I dont see any problem here They never said the photo was to scale or anything and stated In the text Apple confirms that the Galaxy S has some non-identical elements such as the slightly larger dimensions and added that the photo isonly an example of the similarity relevant to copyrightsSo just because they didnt type Not to scale on a photo youre avoiding using the App store on your iPad or buying any more apple stuff Thats a bit ridiculous sir to be honest Get over it
  • Jrmas its not shapes that apple is said to have created its the overall concept You do RampD for years design and launch Its your investment and risk It pays off and then some company that only makes clones look at the all the original products that samsung makes then rides in on your investment and competes with you What would you do tell me who made a successful tablet before apple Pre-iPad tablets were running MS windows not anyway near the IOS design In fact most of my PC centered friends call the iPad an oversized iPod that would fail Now those same people are buying or getting free iPad clones they cant admit to the iPads success When did google invent their interface for their os before or apples innovation Like it or not Android or MS needs to keep apple in business to keep their development moving forwardLike it of
  • Observant Freeman You are telling the truth that the F700 came out before the first iPhonebut this phone wasnt released until a good time after the iPhone was announced Samsung and iPhone did actually work together on the first iPhone so again its no coincidence that the two look very similar Its obvious that this design wasnt unique but denying that the galaxy s isnt an iPhone ripoff or that the F700 isnt an iPhone ripoff is just laughableApple had been working on their device for a long time before the conception of the F700 In fact many people actually regarded the F700 as the iPhone killerI know funnybut whatever its obvious who the imitator was then and its obvious who it is nowthe redesign of the galaxy tab 101 isnt the first time that they went back to the drawing board post after an apple keynotethe same thing happened with the F700I do not agree that the galaxy series are clones of apple devicestheir build construction is terrible compared to apples choice of design materialsin fact its actually insulting to compare any of these devicesbut the truth is that Samsung does make imitationsso does appleits just that one person has patents in their favor and they dont like other people making that much money when they can get some too
  • Jon Garrett the Samsung Galaxy S is not a clone of the iPhone its an updated design of their Samsung F700 which came out BEFORE the first iPhone
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