Apple May Have Submitted Flawed Evidence Against Samsung In Europe

Discussion in 'Android News' started by wicked, Aug 15, 2011.

  1. wicked
    Online

    wicked DF Administrator Staff Member Premium Member

    Joined:
    Oct 11, 2010
    Messages:
    4,155
    Likes Received:
    526
    Trophy Points:
    228
    Location:
    San Jose, CA
    Ratings:
    +540
    Current Phone Model:
    Sony Xperia Z3
    Twitter:
    @MikeAlvez

    [​IMG]


    Last week, Apple made news with its victory over Samsung that saw courts issue a preliminary injunction barring Samsung from selling the Galaxy Tab 10.1 anywhere in the European Union except the Netherlands following an infringement complaint filed by Apple over the Galaxy Tab's design.

    Computerworld now reports, however, that an investigation by its Dutch affiliateWebwereld.nl has discovered [Google translation] a significant flaw in a key piece of evidence used by Apple in the case. According to the report, a key exhibit comparing the appearance of the iPad 2 to the Galaxy Tab 10.1 utilizes an inaccurate or distorted image of the Galaxy Tab 10.1 that makes it seem more similar in appearance to the iPad 2 than it actually is.


    Continue reading @ MacRumors
     
  2. OneTenderRebel
    Offline

    OneTenderRebel Silver Member

    Joined:
    Mar 31, 2010
    Messages:
    3,326
    Likes Received:
    63
    Trophy Points:
    113
    Location:
    Hampton Falls, NH
    Ratings:
    +63
    Let's think about this for a second, do you honestly think that Apple (world's wealthiest company) is going to tamper with evidence and submit it? I know everyone here is going to jump on the bash apple bandwagon but something's not right here. No major company would allow or pull something like this. A 10 year old kid wouldn't even make this mistake.
     
  3. johnd09
    Offline

    johnd09 Member

    Joined:
    May 20, 2011
    Messages:
    302
    Likes Received:
    0
    Trophy Points:
    16
    Ratings:
    +0
    Well the picture definately makes the tab look the exact same size as the iPad and I know they are for sure not the exact same size because the aspect ratio is different, now whether it matters in the case is a whole different story.

    Sent from my ADR6400L using DroidForums
     
  4. johnomaz
    Online

    johnomaz Silver Member

    Joined:
    Jul 12, 2010
    Messages:
    2,578
    Likes Received:
    325
    Trophy Points:
    148
    Location:
    Central Valley, California
    Ratings:
    +331
    I'm sorry, but looking at that image, even with both 'sizes' of the Galaxy Tab, the two don't look alike. Since when is it ok to patent the rectangle shape? Look at the software, its no where the same.
     
  5. OneTenderRebel
    Offline

    OneTenderRebel Silver Member

    Joined:
    Mar 31, 2010
    Messages:
    3,326
    Likes Received:
    63
    Trophy Points:
    113
    Location:
    Hampton Falls, NH
    Ratings:
    +63
    The patent system is so messed up that it just might be ok to patent the rectangle style. I don't know that for sure but the issue is more of our patent system being totally flawed than Apple suing everyone.

    To be or not to be........................wait what was the question? This signature has been Tapatalk approved.
     
  6. cush2push
    Offline

    cush2push Premium Member Premium Member Developer

    Joined:
    Jul 21, 2010
    Messages:
    673
    Likes Received:
    6
    Trophy Points:
    18
    Location:
    Albuquerque NM
    Ratings:
    +6
    I agree the tech patent system is f'd up i think the best bet is to blow it up and start fresh

    Sent from my CushZero
     
  7. dgstorm
    Online

    dgstorm Editor in Chief Staff Member Premium Member

    Joined:
    Dec 30, 2010
    Messages:
    7,792
    Likes Received:
    1,721
    Trophy Points:
    258
    Location:
    Austin, TX
    Ratings:
    +1,752
    While I agree that it is highly unlikely that a decent legal team would "knowingly" go into a courtroom with manufactured evidence on purpose, it is possible that Apple's legal team was relying on someone else within Apple to bring them pics, and that person doctored the pics. Even expert patent lawyers are not necessarily expert techies, and somewhere within the framework of the business something broke down, accidentally putting it in their hands without them realizing they needed to match it up to reality. Regardless... in a court of law (and the court of public opinion) this will reflect very badly on Apple, even if it was an accident of some kind. Without taking sides, I think you are right that it was probably not intentionally tampered with, but it won't matter to the courts if it was an accident or not. It could very well undermine their whole case.

    I am not going to "hate" on Apple about this. Even though I have been known to write some scathing indictments of some of Apple's current litigious business practices, I am a fan of Apple's pioneering and innovative spirit. In fact, I am just disgusted with them of late, as if I were disgusted with a friend or family member that makes some "questionable" decisions. I would love to see them get back to focusing their energies on creativity. The better Apple makes their products, the better Android will become in order to compete. Then, we as consumers win. With all of these tech companies like Microsoft and Apple suing everyone else left and right, it takes away focus from just making amazing technology for us tech-heads! :)
     
    Last edited: Aug 15, 2011
  8. OneTenderRebel
    Offline

    OneTenderRebel Silver Member

    Joined:
    Mar 31, 2010
    Messages:
    3,326
    Likes Received:
    63
    Trophy Points:
    113
    Location:
    Hampton Falls, NH
    Ratings:
    +63
    Yeah I think its safe to say we would all love to see true innovation fuel the android apple rivalry. Unfortunately that doesn't seem likely anytime soon...........or ever.

    To be or not to be........................wait what was the question? This signature has been Tapatalk approved.
     
  9. GrillMouster
    Offline

    GrillMouster Member

    Joined:
    Nov 23, 2009
    Messages:
    289
    Likes Received:
    0
    Trophy Points:
    16
    Ratings:
    +0
    A low-level flunkie was probably asked to provide the graphic, and said flunkie probably took it up on himself to alter the image to help the case. Apple's legal team probably didn't realize, but legally that doesn't matter. Both parties are responsible for providing truthful and accurate testimony and evidence, regardless of intention.
     
  10. OneTenderRebel
    Offline

    OneTenderRebel Silver Member

    Joined:
    Mar 31, 2010
    Messages:
    3,326
    Likes Received:
    63
    Trophy Points:
    113
    Location:
    Hampton Falls, NH
    Ratings:
    +63
    It this document is real and was truly submitted by Apple than yes they absolutely should be punished for it but he legitimacy of this document for the time being should be highly questionable. I mean his would be a MASSIVE oversight if it is real.

    To be or not to be........................wait what was the question? This signature has been Tapatalk approved.
     
  11. OneTenderRebel
    Offline

    OneTenderRebel Silver Member

    Joined:
    Mar 31, 2010
    Messages:
    3,326
    Likes Received:
    63
    Trophy Points:
    113
    Location:
    Hampton Falls, NH
    Ratings:
    +63
    Sorry couple of typos in there, the t on my keyboard apparently doesnt want to work properly.

    To be or not to be........................wait what was the question? This signature has been Tapatalk approved.