Apple May Have Submitted Flawed Evidence Against Samsung In Europe

[wicked]

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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​

 

[OneTenderRebel]

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.

 

[johnd09]

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.

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[johnomaz]

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.

 

[OneTenderRebel]

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.

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.

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[cush2push]

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.

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I agree the tech patent system is f'd up i think the best bet is to blow it up and start fresh

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[dgstorm]

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.

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!

 

[OneTenderRebel]

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.

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[GrillMouster]

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.

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.

 

[OneTenderRebel]

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.

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.

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[OneTenderRebel]

Sorry couple of typos in there, the t on my keyboard apparently doesnt want to work properly.

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