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Apple Misleads European Court In Litigation Against Samsung Galaxy Tab 10.1

Apple vs Samsung s

Apple vs Samsung LitigationHere at TechFruit we have probably spent far too many column inches covering the legal wranglings between Apple and Samsung across the globe – most recently covering the preliminary injunction Apple has managed to get against the Samsung Galaxy Tab in Europe. As more details of from that injunction have emerged, however, it appears that Apple provided some evidence submitted to the court that is seriously misleading according to Dutch website WebWereld.

According to WebWereld, Apple provided a side-by-side comparison image of the iPad and the Galaxy Tab 10.1 – but rather than keeping both images in proportion, they distorted the aspect ratio of the Galaxy Tab to make it appear more like the iPad in shape – see the comparison image below. The actual Galaxy tab is narrower than the iPad with an aspect ratio (length/width) of 1.46, with the iPad having an aspect ratio of 1.3. But in Apple’s evidence the Galaxy Tab had an aspect ratio of 1.36 – much closer to the iPad than it really is.

Apple managed to gain the preliminary injunction on the basis of of design rights looking at just the appearance of the iPad, so aspect ratios are important – especially in the tablet market when there is little more to the designs than a large screen. If that screen is a pretty different rectangle than the iPad then it is more difficult for Apple to claim Samsung are infringing on any design right.

It is certainly true that the image distortion could have been done by anyone in Apple’s legal team by accident when shrinking the image (ie not holding shift when resizing), but it is still a major blow to the veracity of Apple’s claims if when comparing the looks of two devices they distort the image of one to look more like the other than it really is. That the image compared the iPad on its home screen to the Galaxy Tab’s application launcher which is not the home screen could further damage any credibility Apple had been hoping for here.

10-08-04 Apple Motion for EU-Wide Prel Inj Galaxy Tab 10.1

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