Evidence in German Apple v Samsung case

We're not about to come out and say Apple deliberately altered key visual evidence in the recent proceedings in Germany, which resulted in European imports screeching to an abrupt halt.  We will just let the pictures speak for themselves.  Dutch website Webwereld has compared the some of the images from the court documents (read them here, in German) to reality and found some disturbing differences.  In Apple's images, the Galaxy Tab 10.1 has been shown with a different aspect ratio (1:36 as opposed to the actual 1:46 -- the iPad is 1:30), causing it to more closely resemble the dimensions of the iPad.  This accounts for a full eight percent difference in the "short" side of the Tab, and you can see the result above.  If that weren't enough, the Samsung logo has been removed from Apple's image, and of course it's shown with the app drawer open instead of the normal home screen view. 

Make what you will of this, but I'll imagine it had an impression on the German courts. 

Source: Webwereld (Dutch); via OSNewsThanks, Richard!

 
There are 74 comments

EggoEspada says:

Uh oh. Plot twist!

Seriously though, it just shows they had a weak case so they had to tamper with the evidence to make a better case. Not good for them.

Jon Garrett says:

Looks like a procedural error is in effect as well. http://bit.ly/qQPEQR

This injunction must be over turned. maybe now that Google owns Moto, Apple may want to rethink things.

tamper? no..never...

Mr. Jobs: "sorry, Judge. turns out we're still learning all the keyboard shortcuts to our own Lion software packages.
we meant to initiate 'SAVE' but inadvertently performed 'stretch/skew' and then 'Save'. man. Interns---ammi right?
it won't happen again. promise."

They probably used Photo Booth to edit the picture :P

soccerfon711 says:

Apple is starting to look really pathetic. I say starting because they actually used to be innovative (cannot argue to the contrary), but now they are using the legal system instead. Shows the lack of confidence in their own products.

Google should sue Apple for the iOS5 notification system that they stole from Android!!! that's bull crap!

selfcreation says:

and that Android stole it from MS... vicious circle.. google make a living off of stolen API.

dmm5157 says:

Do you mean Palm? I don't recall MS having a notification pull down. Back when Android launched, Microsoft was on WM6.1 (I know because that's what I had before I switched to Android) and the notifications interface was very limited.

the entire OS was very limited, blah

The top of MS 6.1 is the start menu and network status, no pull down notification system. On my old Omnia it was pop up like Apple.

Dark_Blu says:

You're right. I can go as far back as pocket PC and as far up as Windows Mobile 6.0 on a Samsung Blackjack and Microsoft never had a pull down menu of any kind on their mobile OS.

modern patent law is so outdated...it's just ridiculous that these companies can sue each other for sharing basic crap like that thats fundamental to an OS. seriously, i would hope that google will ignore things like that and work on innovating instead. it's what's making apple look bad, in this example here.

BSG75 says:

Plus they seem to be comparing the app drawer to Apple's home screen. Not Apples-to-apples (pun intended). The only thing lamer is that a judge just accepted this.
Also, GT is widescreen and the iPad is letter box. The iPad better never consider going to widescreen because Android apparently holds the rights to that. //sarcasm, but not really

kenyee says:

Hate to tell you, but judges in our patent system aren't the brightest bulbs. People approving patents aren't either.

At least in Europe if Apple loses, they have to foot the bill. Here in the US, Samsung would be stuck w/ their own legal fees :-P

Qoheleth says:

These are the two biggest problems in patent law (and how law handles technology in general). If the judge can't tell which of the "technical experts" is feeding him a honking barrel of codswallop, then any ruling is questionable at best. We all know this is a bad patent, a bad suit, and hopefully the judge will come to the same conclusion. It's too bad they can't fine Apple for wasting their time with both the patent and the suit.

PingaDulce says:

FIFTH POST!!!!!!

This case will be dropped like a bad habit.

Cubfan says:

This just in, Ford sues GM for copying by using seats, windshield wipers, and four wheels on every car.

hoosiercub says:

This just in, Mercedes counter-sues Ford, for actually being first, then proceeds to sue everyone else that Ford was planning on filing against.

TBolt says:

CNN BREAKING NEWS: Lost patent for gas pedal found in Ford, Inc. vaults. Ford to sue everyone that uses a gas pedal. Stay tuned to CNN...

orlanka says:

MSNBC Breaking News: Lodsys sues everyone who owns a car, bike, moped, ship, and anything on wheels or using a steering wheel because of cave drawing patent by caveman who invented the wheel.

Vespa owners promise protest which is quickly disbanded after being unable to decide on a coffee shop to meet at.

selfcreation says:

wait a min.... they are in a lawsuite over the SIZE of the Ipad Vs the size of the galaxie tab?? they have patents on SIZE!!??!?! WTF!!

bigdav1178 says:

I guess size really does matter! (Sorry, I couldn't resist; seriously, I think the Samsung injunction is a bunch of BS.)

hoosiercub says:

No, they're suing over the likeness of their 'trade dress'. Meaning that the Tab looks too much like the iPad. So to help their case, they've skewed the image of the Tab to make the form factor look considerably more like the iPad in this case.

VCL says:

Apple will do anything to try and slow down the Android train. This is very typical of Apple, they have a long track record of screwing companies any way they can. That is a fact, they have screwed more small companies on their way to success, we are talking about small guys with their life earnings in these small companies, they will get it in the end, what goes around comes around. FACT.

Suntan says:

In fairness, Samsung doesn't show the logo in sales pictures either. ...Doesn't excuse the other tomfoolery though.

http://www.amazon.com/gp/product/B00519RW1U/ref=s9_simh_gw_p147_d6_g147_...

-Suntan

PingaDulce says:

Apple fangirl?

selfcreation says:

12 year old android fan child on their parents Android?

ScottJ says:

Apple fanboy troll?

Suntan says:

Perhaps...

…Or maybe I’m just executing the first step in my plan to singlehandedly bring down the Samsung empire in a tireless effort to make Lucky Goldstar the pre-eminent force in Korean electronics…

…Then again maybe I’m just a guy that’s generally interested in Android, but noticed that the logo wasn’t on the Amazon picture while searching their site for a new toaster oven…

-Suntan

#winner :)

Pierce09 says:

For what it's worth, my Galaxy Tab 10.1 doesn't have the Samsung logo on the front of it. It is exactly how it is pictured on Amazon. The fact that Apple is sueing them is still beyond ridiculous, however.

valorian says:

Apple products are no longer looking spectacular because Android devices can do everything an Apple product can do and then some. It's going to take time but eventually the brainwashed Apple lovers will see how unimpressive their Apple products really are.

All of Apple's "If you don't have an iPhone" commercials mean nothing anymore.

intheb0x says:

ahah BUSTED, apple face it, your BITTER and you can only LITIGATE your way to the top!

heres some TIPS to compete the normal way, open up the iphone to ALL major carriers, even bring out a pre paid model, THEN maybe THEN you might start to climb back to the top.

stop wasting millions on unnecessary court obligations and fight like a man!

selfcreation says:

its a vicious circle.. google makes a living off of stolen API. sadly google doesn’t own shit .. hence why they are getting sued for everythin. its not really MS or appels fault ,

google spent the last 4 years stealing APi`s from other OS and boy cutting small companies like MS and apple have been doing . now MS and apple are fighting back and google is the victim? They are the same except google doesn’t own any thing useful.

hope you gusy relise that ... thats what happends when you play with fire .. your get BURN!

icyitscold says:

Educate yourself - Apple is a much larger company than Google - Sun wanted Android to use it's APIs, nothing was stolen - Oracle's lawsuit is bogus for this reason - Google as of the Moto buyout today, now has a larger patent portfolio than Apple and can potentially sue them for stealing their inventions (but they won't because they're not evil like Apple) -

Case closed

spectre1006 says:

I kinda wish they did tbh. Apple is playing prety dirty and I don't respect nor support them. They have great products I just don't get why they have to play dirty

Nirvana328 says:

what else do you expect from a company with the world's 2nd largest net worth run by a man who's so immature and intimidated that he basically said android is only useful for porn? (Except for when he decides to blatantly steal something from the porn phone, like say a notification tray for example)

When you give a child a gun, stupid things will happen eventually.

Ralph130 says:

If they could sort out the Oracle thing quickly I think it would go a long way to stopping all the talk of patents, with Sun saying they were happy for Android to use their IP you'd think Google could work out a pretty cheap license with Oracle now. Although as you say with today's news Google have become "patent rich" too, so it shoul no longer be an issue.

Today is a good day for us Apple haters either way :)

Ralph130 says:

All tech is "built on the shoulders of giants" though isn't it? It's how we innovate, if HTC make a nice phone but have to use some of MS's IP, MS sue and they work things out and MS get paid a bit, or Apple with Nokia.

This is a completely different matter, this "Community Design" nonsense of just submitting as many drawings of black rectangles as possible so you can use it one day to protect your monopoly is "evil", at least as evil as MS ever was in the 90's. And if they have doctored pics it's reprehensible.

accordngs says:

So dumb. I own a Tab 10.1 and almost never use it in portrait mode. I use it in landscape mode 99% of the time. Only time I really go into portrait mode is when certain apps force it.

That makes a huge difference since it is the widescreen feature and the way we truly use the product that makes it different.

Apple didn't invent the tablet, phone, the touch screen, apps, the mp3 player, the laptop, the personal computer, and just about every other product they make. To sue a company because they entered a market, that you didn't even invent, is a joke. IOS5 and Honeycomb have almost no similarities.

icyitscold says:

I hate Apple so much after this!! Couldn't be any more evil!

Ralph130 says:

I wonder how much they've doctored pics of the Xoom too? I imagine the Apple lawyers know what they're doing and just how much they can fiddle with pics to get away with it, but I would hope you can't alter pics in anyway - in fact I would hope this stupid decision wasn't just based on pics you'd think it'd be necessary to actually have both devices side by side but it seems that's not how these things work over here, makes the US patent office seem perfectly logical.

If this is true I hope Apple get their just deserts, surely they must be walking a tight rope with the "hack-tavists" by now.

icyitscold says:

Oooh, I wished the hack-tavists would hit Apple before Facebook! Apple are far more evil than anti-privacy Facebook in my opinion!

icyitscold says:

Oooh, I wished the hack-tavists would hit Apple before Facebook! Apple are far more evil than anti-privacy Facebook in my opinion!

madkaw says:

Ahhhh, the cult that is known as Apple. I am not the least bit surprised by the antics.

plunder says:

Why does a company with 85% of a market sector, great products and fantastic margins act like Apple? Do they feel insecure?

icyitscold says:

Because they've already lost their smartphone marketshare to Android and they're desperate to retain their Table marketshare...

GrillMouster says:

Not only should the German court rule in Samsung's favor, but Apple should face stiff penalties for submitting doctored evidence. If Apple did provide a physical iPad for comparison to a Galaxy Tab 10.1, the court should also measure the iPad to make sure Apple didn't give them a one-off with a bevel that's slightly longer to subtely minimize the differences between both tablets.

jcarti01 says:

i may have to repeat this until i am blue in the face:
apple creates. they do not innovate. apple's business plan for their products- plan a massive ad campaign for their overpriced products (which only runs their proprietary operating system), make incremental changes to their products over the year long dev cycle, and then sue anyone and everyone who makes anything similar to what they have made or improves upon something they have created over flimsy evidence. even, as it now appears, doctoring photos to prove their case.

apple's alleged photo showing the sg tab looks very much like an ipad from showing it with the app drawer out to altering its margins. i would think the german courts would be smarter than that to just accept photos of the product from one of the litigants and instead would have taken a device from each manufacturer and have them analyzed independently. this is a blatant mischaracterization on apple's part. i throw out the case and make apple pay for samsung's legal costs.

Dark_Blu says:

Indeed.

But to go even further than that, after reviewing in person submitted iPad and Galaxy Tab, then the judge should've compared both with STORE BOUGHT iPad and Galaxy Tab just to be sure Apple didn't hand them a Prototype. The case should be thrown out and APPLE should be penalized by being unable to sell the iPad in the EU for a period of one year. See how they like that!!

Dave4321 says:

Apple should have to discontinue the iPad because it stole the design of a Samsung TV from 2006 :)

http://www.cnet.com.au/samsung-la32r71bdx-lcd-tv-240091164.htm

icyitscold says:

I HAVE THAT TV!!!! :D

Ralph130 says:

Think there is a Samsung digital photo frame from around the same time that looked even more iPad-esque. I assume prior art isn't considered while dishing out these nonsense Community Designs.

ddot196 says:

Amazing. I would love to see this story on tipb website and see the reactions over there lol. That would be interesting...

On second thought, tipb loves posting every judgement and court case Apple is involved in I am curious as to why they haven't posted this one? /laugh

What Apple does not get is this:
A lot of folks simply can't stand Apple. Whether it's their walled garden approach , the fact they make you use gawd-awful i-tunes or any number of of other things. I chose Android because it's cool, I like it, and because it's not an Apple product. I use Windows 7 and Ubuntu because I like em, and they're not Apple products. The more of the BS I see like this, the more determined I am to not do business with them. When Apple was an underdog their stuff had some appeal. Now it's like totalitarian techno-demagoguery. Apple is beginning to beleive in their own immortality...

Dark_Blu says:

I agree with you. As an underdog, they had some appeal. As the 700 pound egotistical gorilla, they need to be brought down to earth and this development could be the thing that does it to them. How would Apple handle a ban of their products in the EU, INCLUDING the Netherlands?

caliskimmer says:

//Start rant

What a load of BS. Stupid companies suing other stupid companies who sue other stupid companies. For crying out loud, why don't they look at what really matters: the future of technology. Instead, they like to fool around in the court, get more money than need to buy out the entire world and fix poverty, shower in it, and repeat the process. I'm looking at getting the iPhone (please, don't bash JUST for this), but after seeing the naivety and greed of Apple in the past few years (getting rid of the optical disc drive? Seriously?), Android may definitely be the future for me...for good. I'm sorry guys, many patent systems are screwed up and don't allow for advancing of technology. Seriously, what are future small business software and hardware developers going to do? Get hundreds of lawyers with money they don't have because they get sued by a million companies that say they own a patent to a timestamp in the exact bottom corner of the application or because they used a particular screw? Get outta here, Apple! The Galaxy Tab is nice and enough people buy your iPad, so let someone else help change the future for once. You're barely even revolutionary anymore!

//end rant

Basic message: I hope this case is thrown out. I agree with patents as people need to protect their inventions, but only if it is a whole idea (overall design) or if it is for an ingenious name or product. Counterfeiting should be fought, but not people who take an idea and make it better.

Ralph130 says:

Hear, hear ..... well except for the "looking at getting the iPhone" bit :)

PensHockey says:

Who here would love to work for Apples legal dept.? You will alway be busy.

E_man says:

My Tab 10.1 didn't have a Samsung logo, so that parts not photoshopped. The aspect ratio is stupid though.

BigTex says:

I just reviewed the pics from the filings and there are a lot of pics of the Ipad that also appear to have been "stretched" to appear more similar to the GT. BS!

smooth move, apple

Dark_Blu says:

Makes me happy to have my Samsung Digital cam and my still running 17" Samsung LCD Monitor. :-)

plunder says:

Some aspects of style and design are virtually inevitable, such that avoiding them takes a concious decision and goes against obvious structural needs.

Consider the rounded corner on many devices with flat screens today. This is done to limit the effects of impacts on delicate localised stress points - the corners - in case you drop it. Some laptops designers can't use them because it makes devices bigger; but all engineers want them. Rounded corners are design sanity.

Some companies say: This "STYLE" belongs to us. Which is like asking for a patent on gravity!

It is natural for devices with similar design requirements to look similar. If you saw a roughly rectangular car with wheels at THREE of it's four corners; you would suspect that the designer had lost his glasses or possibly his mind! Perhaps he was just trying to cope with an insane bit of legislation.

Some of the assertions made by the Apple in Germany and Holland last week seem to be of this kind. Apple and Samsung have some of the best designers in the world. Why should one team be required to do something breathtakingly stupid, when faced with a similar problem?

I find it funny how Apple is suing Samsung because Samsung's phones and tablets "imitate" the iPhone and iPad and yet Apple doesn't give a shit about all those countless Chinese iPhone clones which actually do copy the iPhone.

Hopefully after this Motorola/Google deal goes through, Google will give a proper and well deserved smack upside Apple's head

On top of all the photoshopping already pointed out, Apple even moved the Tab's buttons!

DWR_31 says:

HEADLINE BREAKING NEWS:
"APPLE SUES VIZIO FOR HAVING THEIR HOME SCREEN AS THE APP DRAWER ON THEIR NEW ANDROID TABLET."

ghost010 says:

yay for the bright dutch mind!!

really? didnt any one els see this(who looked at the german papers)??

anyways.im glad my felow dutchy's take part in defending android in any minor way!

T72018 says:

Wow,Wow,WOW, Liar, Liar,pants on fire apple!! The judge should hold up the icrap vs the Galaxy tab and slap apple's lawyers in the face with the Galaxy tab. Asking them do you see this? This looks nothing like this ipad crap. Get out of my court room.

T72018 says:

Is Steve Jobs that insecure and desperate about his products?? What's done in the dark has come to light and I wouldn't be surprised if more things come to surface about apple's corruption!!!

OkieJoles says:

Has anybody else noticed the Galaxy Tab magically got a bit of silver edges like the iPad and somewhat darker? Even more so than the iPad itself?