Did Apple Lie And Falsify Evidence To Win Its Injunction Against Samsung’s Galaxy Tab?

Did Apple Lie And Falsify Evidence To Win Its Injunction Against Samsung’s Galaxy Tab?

Apple’s chalked up some big victories against Samsung in recent weeks, culminating in a preliminary injunction that got the Galaxy Tab 10.1 banned throughout the EU. But did Apple do so based upon false evidence? That’s what one Dutch website is alleging, and we’ve got to admit, their argument’s pretty good.

See the image above? The side-by-side comparison of the iPad 2 and Galaxy Tab 10,1 at the bottom is the exact comparison shot used by Apple to prove in official court documents that the Galaxy Tab 10,1 is “practically identical” to Apple’s tablet.

The only problem? That’s not what the Galaxy Tab 10,1 even looks like. The Galaxy Tab 10,1 has a 1.46 aspect ratio. In Apple’s comparison image, though, has a 1.36 aspect ratio compared to the iPad 2’s 1.30. The tablet’s proper proportions have been deformed.

If you actually look at the image, the Galaxy Tab’s icons are warped too, so this seems like an honest mistake by some paralegal resizing an image.

Even so, though, it raises the question about whether or not the injunction against Samsung should even have been granted. As TechCrunch notes:

The current import ban on the GalTab is entirely related to design, so the court is truly judging these books by their covers. Presenting evidence that falsely represents the appearance of a product — especially when the appearance of the product is the only thing in question — is incredibly suspect to say the least. Let’s add to that the fact that Apple had some serious alone time with the judge when presenting this evidence. Meanwhile, Samsung didn’t even have the opportunity to dispute the image.

German courts are notoriously pro-patent, but they also frown upon falsified evidence. At the very least, it seems like any injunction against Samsung based upon this evidence should be appealed.

  • techgeek01

    Apple’s going to lose this.

    1) well obviously because lying and falsifying evidence
    BUT

    2) Samsung Made a Photo frame, back in 2006 that looks quite similar to the iPad 1.
    http://www.engadget.com/2006/0

    It’s basically a lost case.  Apple can go on and on and on of how the Tab is a copy of the iPad, and all what Samsung needs to do is point to this photo frame and just say that they copied the looks from that and not the iPad.  And since it came out, back in 2006, Apple really can’t do anything about it!

  • CharliK

    We have only the word of this site that the ‘evidence’ they have given is correct. We have not seen the actual court documents. 

    Also, Samsung filed a brief to try to stop the injunction from happening. Don’t you think they would have asked to see Apple’s papers and pointed out that the photos were incorrect if they were. 

  • techgeek01

    There is a court document floating around.  (or I guess what apple gave to the judge)

  • gnomehole

    Win or lose the tablet one, Samsung still won’t sell any.  Meanwhile they WILL win the phone one outright, no problem.   Thats a case of absolute copy-cat.

    As for the photo being doctored.. I doubt it.  I’ve seen the same tab photo all over the web, on blogs, on sales pages.. maybe they all should be sued.

  • techgeek01

    Samsung won’t sell any?  Last I heard, this tablet is like the best android tablet out there.  And apparently its like the most popular Android tablet out there, meaning its selling at least 400,000 a month.

    Well, after this, I highly doubt they will have a chance with the Phone as well.  But if Apple wins this, I guess LG and Samsung could both sue Apple because the iPhone basically looked like phones that they put out at the same time.  So, Apple chances for winning that will be extremely slim.

    Well the web and the courtroom are two completely different things.  You can lie on the internet and get away with it, but not in the courtroom.   

  • prof_peabody

    Seems weak to me.  As John says, it’s likely just an honest mistake and I don’t think it matters legally speaking.  

    You can’t take a Ford truck for instance and just make an exact copy of it but squashed in one dimension and get away with it.  It’s a reasonable assumption that there are other parts of the documents where they literally describe the dimensions and characteristics of the products also (so many millimetres by so many etc.).  

  • ConceptVBS

    When the entire lawsuit revolves around the “look and feel” aspect of aethetics, accurate photos and drawings becomes priority.

  • AlexJames987332

    I just p a i d $21.87 for an i P a d 2-64GB and my boyfriend loves his Panasonîc Lumîx GF 1 Camera that we got for $38.76 there arriving tomorrow by UPS.I will never pay such expensive retail prices in stores again. Especially when I also sold a 40 inch LED TV to my boss for $657 which only cost me $62.81 to buy.
    Here is the website we use to get it all from, BidFirst.com

  • Tom McGrath

    Surely the judge would have both tablets available to compare them in real life, not just photographic evidence?

  • Tom McGrath

    That’s only 4.8 million per year, correct me if I’m wrong, but didn’t Apple sell over 9 million iPads in the last quarter alone?

  • Cold_dead_fingers

    It’s made of plastic and glass. The only thing they are judging it by is the look.

  • Cold_dead_fingers

    400,000/month? Are you crazy? I doubt all android tablets combined are selling that much per month!

  • Cold_dead_fingers

    The evidence should be thrown out. It’s not correct. Having said that, Samsung’s just fighting to fight. Android tablets are nowhere near the popularity of Android smartphones. They’re just taking advantage of the tablet situation and whenever that happens, they don’t win.

  • Cold_dead_fingers

    The evidence should be thrown out. It’s not correct. Having said that, Samsung’s just fighting to fight. Android tablets are nowhere near the popularity of Android smartphones. They’re just taking advantage of the tablet situation and whenever that happens, they don’t win.

  • Deocliciano Okssipin Vieira

    Indeed!

    Looks like you are the sole sane person here.

    Mindless licensing, just for the sake of market share ( Google and Microsoft way of biz ) is what is crippling USA economy and renders USA irrelevant.

  • Josh McFarlane

    With the Asus Transformer noted as selling over 300,000 tablets per month on the 9th August this year I would have to say that 400,000 is a very real figure. It actually sold out, hindering sales.

    Also consider that there are over 550,000 Android activations per day. That means tablets and phones. That’s a lot of tablets.

  • Deocliciano Okssipin Vieira

    … Apple claims that Samsung not only copied its designs, but that it infringed a number of specific patents, relating to its touch-screen interface and photo-management software.

    DroidLIES:
    •••• When the entire lawsuit revolves around the “look and feel” aspect of aethetics, accurate photos and drawings becomes priority. ••••

    Design IS NOT the look, but how architecture and engineering works seamlessly and efforthlessly.

  • Deocliciano Okssipin Vieira

    WOW!

  • lls49
  • techgeek01

    Well, Asus Eee Pad is selling anywhere between 300,000 and 400,000 a month.

    Samsung Galaxy tab 10.1 is pushing about 400,000.

    And then you have the Motorola Xoom, Acer Iconia Tab, Toshiba Thrive.  And you have 2 HTC tablets(?) one smaller Acer Tablet.
    And countless others.
    so, overall, they probably pushing around 1 million tablets a month, total.If you toss in the nook color, that probably (defiantly) pushes it over the 1 million mark each month.

  • techgeek01

    This photo dosen’t show it well, but the buttons of the tablet are in the completely wrong position.

    The position in real life would be on the bottom left corner of that tablet, in this photo.

    In the photo, they are on the top left corner of the tablet, which would be EXACTLY like the iPad.

    http://www.engadget.com/2011/0

    I think its starting to become clearer and clearer that Apple photoshopped the photo and it was no big “opsie”. 

  • Erik Maier

    This is based on the assumption that they made a definitive decision in the trial without seeing the ACTUAL products side-by-side. That would be one hell of a case of falsifying evidence if they could pull it off in real life. I don’t think a silly picture has any effect.

  • lals33
  • Matthias Wolf

    You should read the court document below the TechCrunch Article. It’s in german, but everyone will easily see, that this particular picture is only one in dozens, including drawings. All of them show the right aspect ratio. So, I sincerely doubt the judge based his decision on this single, perhaps misleading picture.

  • JDWages

    This was not an “honest mistake” nor did Apple lie or misrepresent the facts.  Who other than Samsung and its lawyers cares about the aspect ratio?  Distorted icons show the photo was resized, and so what?  What my eyes see are two things: (1) the basic design (aspect ratio be darned) is the same, and (2) the general icon layout and software UI is the same.  That’s the whole point.  Anything beyond that is mere squabbling without a cause.  Samsung is a rip-off artist and they will say and do anything to try to save their skin, even though they know they blatantly copied Apple’s iPad hardware and software UI design.

    As to the photo frame that so many like to point to, how can one say if Apple didn’t have tablet patents before 2006?  Furthermore, where is that photo frame today?  Was it ever a product?  And, show me the UI for that photo frame — oops, that isn’t much like the iPad UI at all!  So all this talk of the 2006 photo frame is poppycock!

    Lastly, have a look at this Knight Ridder video from 1994 (which for those of you who don’t already know, predates 2006 by a long shot), and take note that the Apple Newton is in it:
    http://www.slashgear.com/samsu

  • Ainaruth

    Was this meant as a joke? These days one can’t be sure if the thing one just read is irony or trolling.. Just to clarify, so that nobody takes seriously what you just wrote.. 

    1. All these designs have in common is that they are in shape of a rectangle with rounded corners. Dimensions and aspect ration are different. So if the corners were sharp, the design would be completely different?
    Now – Ipad 2 has a camera on one shorter side and a button on the other. GalTab has a camera on the longer edge and no visible button.

    2. UI is not designed by Samsung – that’s the Android, present in so many more devices. System from which Apple is copying lots of stuff. But on the photo only one menu is shown – the launcher. That’s not the main ‘desktop’, which is being compared to iOS. Ridiculous.. I can make a screenshot of any folder on my PC and it will look similar

    3. http://www.scribd.com/doc/6194
    This is supposed to be the ‘patent’ protecting Ipad 2. Unfortunately Apple didn’t do a very good job in reproducing it in real life.. Any photo frame would fit the design..

    4. Apple is just trying to get rid of a competition. And not in a fair way.. Falsifying evidence, not giving Samsung a chance for defence.. I wonder what will happen, when Samsung denied Apple access to all the elctronic parts it produces.. That would stop delivery of all Apple’s products for quite some time..

  • lals42
  • JDWages

    Yes, it was meant as a joke, and you were my punch line.  :-)

    1. If the corners were sharp, it would be quite different indeed.  Your eyes clearly see differently from Apple’s.

    2. So what if Google is responsible for Android?  That’s really the whole point.  Rather than going after Google directly for having copied Apple on the iPhone, Apple is going after those who use what Google produces.  Keep in mind what’s going on between Apple and HTC for example.

    3. You cited one patent.  I believe there are more than just one.

    4. Apple is trying to get rid of those that it feels are copying Apple.  You feel that Apple is trying to get rid of “all competition,” which is not true.  To my eyes and to the eyes of Apple, the Samsung product looks, on a hardware and software level, very similar to the patented iPad product.

  • Charel

    “Since no product samples are available,” Apple’s complaint states, “pictures of the Galaxy Tab 10.1 are reproduced as it was tested by TecChannel.” This indicates that the graphics Apple used in the complaint are derived from other sources, making it even less clear who changed the depicted ratio of the Galaxy Tab in one of the two dozen pictures included in the complaint. ( Quote Apple Insider)

    I wonder what all of the fuss is about. They took a picture that was published by a third party that proves a point. Aspect ratios have nothing to do with what Samsung puts on their screen. They just make it look as much like an iPad as they can and that is not allowed in the EU. There are prior judgements like the Rolex case mentioned that resulted in a ban on importing and selling copies even under another name.

  • Hampus

    Yea… That is on image and there is indeed something wrong about it…
    Thing is, it’s taken from a 64 pages long document with plenty of both text and images, just the page before this image there are photos of the back and front of both device, those havn’t been altered, and no other seem to have been either, it’s just that one image in a 64 pages long document…

    I tried pointing it our on a few Android that I follow too (I have a android device too), my comments where so down-voted they my comments won’t even show anymore :p

    You can check out the original document here, http://www.scribd.com/doc/6199
    I think this image was on page 29, somewhere around that at least.

  • Hampus

    Well there is a 64 pages long document with plenty more pictures, many of which are normal photos and not marketing material like this one.
    This is the only one that looks like it’s been edited… And there is no proof apple intentionally edited it… Might have been like that in the original source.

    Unless that one image in the 64 pages long document is what settled the original court decision I doubt it changes much :p

  • Hampus

    Indeed.
    And the image is taken from a 64 pages long document, I think the court did take a look at the rest of that document and all the photos and text in there…

  • Hampus

    Well it’s one picture from a 64 pages long document.
    Taken a bit out of context don’t you think? Just the page before there are photos (not marketing material like this one) that show the back and front of both device, those has not been tampered with…

  • ConceptVBS

    What are you smoking?

    Ask any regular Joe to see if he agrees that Design = looks. I bet most will say it does.

    Architecture IS design.

    Your talking to an Architect, buddy.

  • ConceptVBS

    Except lawsuits are done with documentation, not “real life” experiences.

    It is done so that any future review can be made in with the same evidences at hand as the time of the initial review.

  • ConceptVBS

    “Honest mistake” is what the Apple fans like to throw out.

    But in the court of law, a mistake (whether intentional or unintentional) is still a misrepresentation. Therefore, based on that fact alone, prior lawsuits and/or charges have been thrown out in the court of law.

    You people are grasping for straws to try to invalidate this accusations as much as your little creative minds can come up with.

    You are losing the game.

  • Deocliciano Okssipin Vieira

    Isn’t A documents A real time evidence? 

  • Deocliciano Okssipin Vieira

    A bad architect then!

    So structural engineering IS rubbish then? 

    samsungcomplaint.pdf • http://images.apple.com/pr/pdf… 

    Samsung has a history of ripping off other companies, just ASK Japanese companies.

  • un_named

    I bet the judge uses ipad2.. thats why he agrees to ban samsung galaxy tab 10.1 without hearing samsung’s side

  • Tag12171

    Successful troll is successful.

  • Tag12171

    Yeah a photo frame from 5 years ago. Steve Jobs was randomly browsing 4 year old posts on engadget and was like that’s one sexy photo frame let’s use that as a design for the iPad. They obviously didn’t base it off of the iPhone XD

  • David Clark

    My god, I have never heard more namby pamby, wishy washy liberals talking.  APPLE ARE A BUNCH OF CROOKS WHO SHOULD BE LOCKED UP.  “honest mistake by some paralegal”.  What by one of the thousand Apple lawyers, that turned up at the court, my arse!  And the other 999 lawyers turned a blind eye?  They did it deliberately!

    Surely falsifying evidence is a criminal offence?

  • David Clark

    To become an architect, you need to go to school and college.  Had you been to school you would have learned the difference between “Your” and “You’re”

  • David Clark

    Look at this early pic of the Ipad:

    http://images2.wikia.nocookie….

    Oh no, this is a Star Trek creation from the 20th Century, way before Apple “Invented” the Ipad.

    http://churchm.ag/did-star-tre

    Should Gene Roddenberry sue Apple (and Samsung)?

  • obamapacman

    Samsung even ripped off Motorola Razr. I fell for one of the Samsung knockoffs years ago.

  • applehaters

    An honest mistake twice in 2 different courts in 2 different countries?  Doubtful…

    http://bit.ly/dI3hcF

  • Myles Jones

    Does that mean apples iPhone should ban all touch screen phones? They’re the same design… I was looking forward to this galaxy tab 10.1, but too bad for me, its been banned here! I reckon apple are finding a way to force people into getting this tablet by getting rid of its is rivals.

  • Sean Black

    “If you actually look at the image, the Galaxy Tab’s icons are warped too, so this seems like an HONEST mistake by some paralegal RESIZING an image”

    To the exact same size as the iPad2? VERY doubtful
    Not just the aspect ratio, having a picture with the App Drawer open and not the actual home screen is pretty damning as well.

About the author

John BrownleeJohn Brownlee is a Contributing Editor. He has also written for Wired, Playboy, Boing Boing, Popular Mechanics, VentureBeat, and Gizmodo. He lives in Boston with his wife and two parakeets. You can follow him here on Twitter.

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