Apple may have provided courts with inaccurate evidence in its legal war with Samsung, by submitting pictures of the Samsung Galaxy Tab 10.1 that make the Android tablet look more like an iPad 2 than it actually is, Computerworld reports.
The issue lies with a graphic (see above) on page 28 of the complaint filed by Apple in the Netherlands, which shows the iPad 2 and Galaxy Tab 10.1 side by side, looking like peas in a pod. But as Dutch blog Webwereld.nl spotted, that's not how the Galaxy Tab 10.1 actually looks.
The image Apple submitted shows a tablet with a 1.36 aspect ratio, quite close to that of the iPad 2, which has an aspect ratio of 1.3. But the actual ratio of the Galaxy Tab 10.1 is a much more movie-like 1.46. In other words, the image Apple submitted is a squashed version of Samsung's tablet.
The graphic was submitted with the claim that the two products look the same, "because the Galaxy Tab 10.1 copies all distinctive elements of equipment of the iPad 2."
It's entirely possible that Apple submitted the squished picture by accident -- the complaint (which you can read here) contains other images of the Tab 10.1 that don't look so... squat. But it will be interesting to see whether this has any effect on the case.
Apple has already won an injunction against the Galaxy Tab 10.1, that will stop it going on sale across Europe, except in the Netherlands, where this case is trying to achieve the same ban. Apple's also embroiled in a courtroom scrap with HTC, over patents that are apparently core to the Android operating system.
Google, meanwhile, has said companies including Apple and Microsoft are ganging up on Android, and has bought Motorola Mobility, partly in order to arm itself against similar lawsuits with a raft of mobile phone patents.
What's your take? Squish your thoughts in the comments section below, or on our Facebook wall.
Image credit: Computerworld
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Comments 13
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anonymous 16 August, 2011 12:17
If thats true, thats disgraceful, i mean lying about another product just cus it is better than theirs...
Anonymous Circle 16 August, 2011 12:30
Apple "bending" the truth? I'm shocked.
ace9988 16 August, 2011 12:38
also the fact that the pictures apple has submitted show the app drawer which should be classed as a 'sub-menu' and not the homescreen as the ipad 2 is. Apple really trying to bend (or reshape) the truth here and i'd like to know which idiot judge granted the injunction.
anonymous 16 August, 2011 13:26
There are only so many ways you can build a slab of plastic and metal! if you do a 360 on both products you will see a lot of differences. the tab for one is best used in landscape mode. These patent nonesenses are getting very silly. Surely a product shouldnt even be allowed to get to the production stage. I for one hope the judge has some balls and comes down hard on apple if they have been lying. You cant accidentally mess up a picture when the price of applying such an injuction is worth millions if not billions to the other party.
anonymous 16 August, 2011 13:49
Yet again Apple are shown up to be a company willing to use negative tactics in their attempt at trying to dominate a market by any means, accidentally doctored the picture, yeah sure!
Also, would that not be perjury?
anonymous 16 August, 2011 13:59
I was playing with the Galaxy Tab 10.1 in Currys today. It's clear that they don't give a s**t about what some court in Germany says. Sadly it's too far from the iPads to really get the two devices together & compare.
Jason Jenkins 16 August, 2011 14:42
Ignore this, I'm just testing
anonymous 16 August, 2011 15:14
Apparently the judge didn't just take Apple's word for it but examined both side by side for himself. Either way he's clearly not fit to be passing judgement, or the EU regulations regarding patents need to be severly overhauled because banning a product because it has the look and feel of another product is absurd. Especially when the product in question isnt even the same size or shape.
As for Apple's 'accidental picture', I think in the scheme of things it probably made no difference; the Tab was banned before Samsung even got to produce any evidence, or make a statement to the courts. On the other hand it's another black mark on the Apple brand (PR wise) which are all starting to add up, although if there's any marketing machine that can deal with this kind of bad PR its Aplle's.
Andyt95 16 August, 2011 19:14
Notice the camera angle change between the pictures on page 26
Usually, to show similarities that are actually there, you take great care in choosing the same angle, the same lighting and the same scenery to highlight the similarities. These photos will have been done by a professional who will have been told to highlight the similarities between the products. He would NOT have changed the camera angle unintentionally, he will have done it to make the Tab's aspect ratio look exactly like the ipad's.
Once again, this man would be a professional, don't you dare say it was an accident.
anonymous 16 August, 2011 23:39
That Apple would be prepared to stoop to such tactics is not unsurprising.
What is just a little ludicrous is that anyone would even grant them a patent preventing other manufacturers from using a specific screen form factor. What if someone chose to use a 4:3 ratio screen (1.3, factor)? 4:3 is the original monitor and TV aspect ratio, you don't get television manufacturers up in arms because someone produces another TV with the same aspect ratio, nor camera manufacturers complaining that a rival's model has a lens, a viewfinder and a display!
Apple are trying to stifle competition rather than embrace it; if they want to win they should do so by producing the best product, not through under-handed tactics. Isn't it time for the monopolies commission to step up and beat down on Apple; they've got more money than the US government so they're hardly the underdog!
anonymous 17 August, 2011 09:30
I have to say how fed up I am with this set of tactics. I've been waiting for an absolute age for a decent Android tablet, and now there is one, suddenly it's not in the shops - because? - Apple think the square shape is too much like theirs! This is in spite of the fact that Samsung had a digital photo frame out in 2006 long before iPad jumped into the waters, and suddenly they think the shape is theirs. This is patent law, by the way, it's design copyright, and that's a whole different set of rules, and rather easier to get an injunction with. Sneaky, sneaky, sneaky! The apple starts to rot!
Ilhan Pishgah 17 August, 2011 10:37
seriously how many ways are there to make a TAB? 12,000?! so, let say first soap or tissue company should ban any other same products in the market because its same shape!
Apple just cant stand seeing there is a product that actually works better, Samsung is using different OS, i used to have iphone and now using Galaxy S II and there is loads difference in both OS!
its all lame, Apple is sure in trouble. Apple is aware of, if not be able to make a big and noticeable difference in their future iphone 5, they eventually going to loose the market. they just too greedy to accept that of course! they have MASS production but never to cut the price low! remind me of Microsoft somehow!
anonymous 26 February, 2012 02:05
this is some BS.. Seriously apple comes out with a new some produce every few months why not do the research and come out with a pproduce that can be up graded instead of making consumers spend money on they every few month. make one or two solid models for the year and making them upgradable so that consumer wont sway from apple products.
im an apple consumer that is getting tired of apples BS. MAke one solid product instead of having so many sub models. so APPLE STOP CRYING..