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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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But the picture of purported Galaxy S has been resized about 6 percent, making the Galaxy S appear smaller and more similar to Apple's phone. The height of the purported Galaxy S that Apple displays matches the iPhone exactly. The aspect ratio has not been measurably altered.

Apple also provided an unknown number of other pictures of Samsung's smartphones and tablets side-by-side with its own in separate productions, which were not available for inspection. There's only one picture of an iPhone side-by-side with a purported Galaxy S in the complaint itself.

A legal expert on intellectual property cases, who declined to be named, asserted that when pictures are filed both in the complaint and in separate productions, those in the complaint would be considered more important. Visual evidence presented there typically indicates that the plaintiff wants to emphasise its significance, he said.

Earlier this week, Webwereld uncovered a similar case in Dusseldorf, Germany, where Apple has also filed faulty evidence in court. Apple's German complaint contains a picture of an alleged Galaxy Tab 10.1, resized and its aspect ratio distorted so that it resembles the iPad 2 very closely.

Mark Krul, a lawyer at the Dutch firm WiseMen and a specialist in IT and intellectual property law, is astonished by the findings.

"It surprises me that for the second time incorrect presentations of a Samsung product emerge in photographic evidence filed in litigation," he said. "This is not appropriate and undermines Apple's credibility both inside and outside the court room."

Krul said that litigating parties are required by Dutch law to provide "complete and truthful" evidence to the judge, adding that this is even more imperative when infringement on design and copyrights is alleged.

Krul noted a crucial difference with the German case, in which the judge granted a preliminary "ex parte" injunction, without a hearing or an opposition brief from the defendant. In The Hague, Samsung's lawyers lodged an opposition and flagged the flawed evidence.

Krul doesn't presume that the examples of the faulty evidence are malice on the part of Apple's lawyers. "But Apple has certainly some explaining to do, if only to clear itself from the appearance of improper behavior," he said.

The complaint is only available for viewing at the court in The Hague. Due to these restrictions, Webwereld has made a rendering of Apple's flawed evidence to present the findings visually.

In the Dutch case, Apple seeks a ban on all Galaxy smartphones and tablets in the European Union (E.U), including a complete recall of stock by European distributors and resellers. The court in the Hague will rule on Sept. 15. At the hearing last week, Judge Edger Brinkman stated that if he grants any injunctions against Samsung's products, they would take effect no sooner than Oct. 13.

In Germany on Tuesday, the Dusseldorf District Court changed its preliminary injunction granted last week that prohibited Samsung from selling the Galaxy Tab 10.1 in all EU countries except for The Netherlands.

The court, citing uncertainties about jurisdiction, changed its ban to allow Samsung to sell the product in all E.U. countries except for Germany. The first hearing in the case will start next Thursday in Dusseldorf.

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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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