Displaying items by tag: Galaxy Tab 10.1

There is a lot going on with the Samsung V Apple trial today as we head toward the final summations and then a jury decision. As we told you yesterday Judge Koh would like to see both sides compromise or to make peace entirely. She claims that there is danger to both sides if the trial goes to a jury. Although they jury cannot truly decide the validity of any patents in question they can still determine if one or the other has infringed. It is a situation that could see both sides impacted.

It looks like Apple may have made a serious blunder in their EU case against Samsung. As we have told you previously Apple has made the claim that Samsung copied the iPad2 in their design of the Galaxy Tab 10.1. As such they have sought an injunction and been granted a preliminary one banning sales of the Tab 10.1 in all areas of the European Union except the Netherlands.

However, we are hearing now that some of the evidence presented was inaccurate. According to Macworld and WebWereld.nl the images used do not show the Tab 10.1 properly. According to Samsung’s site the Tab 10.1 has dimensions of 257.7 x 175.3mm this represents an aspect ratio of 1:1.46. Careful review of the image in Apple’s complain reveal that it has an aspect ratio closer to 1:1.36 putting it very close to the dimensions of Apple’s iPad2.

Now the question is whether Apple actually manipulated this image or if they used outdated images (knowingly or not). If it is the former then Apple is in serious trouble as they have presented false evidence in a legal proceeding. If it is the later then they will still face some serious consequences as it is the plaintiff’s responsibility to present accurate information in any litigation (even in the EU). Samsung has filed an appeal to the original injunction and with this new evidence they have a very good chance of winning. No matter the cause I am sure that the Court System will be keeping a closer eye on Apple in the future. Let’s remember Apple’s presentation during the “grip of death” problem and the iPhone 4 where they cherry picked three phones to prove the grip issue was global. After that incident it was shown that even with those phones the issue was very limited and not the same as what Apple was trying to show. It actually prompted statements and the threat of legal action from Samsung and HTC at the time. So we would honestly not be surprised to find that Apple knowingly used an outdated image of the Tab 10.1 in their evidence to further their case.

Picture Credit WeWerld.nl

It will be interesting to watch the outcome of this one.

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Credit to forum member Kelevmor for passing this one along.

Looks like things are heating up between Apple and Samsung. I am not talking about anything like a war between the two companies or anything like that, but in the realm of stupid and asinine complaints. We kick off things with Apple’s complaint that Samsung “Copied” the iPad and iPhone. They base this in the fact that the Galaxy Tab 10.1 looks like the iPad and that some of Samsung’s phones look like the iPhone… (their words not mine). Apple then goes on to say that Samsung copied the look and feel of the iOS (where have I heard that before).

I hate to say this but, if you were to pick up 20 smart phones they would all be very alike. They are all around the same size and shape and the UI’s are also very close. If you dig deeper, the way they operate are also nearly identical; after all how many different ways can you swipe or tap with your finger? No, this one smells of Apple trying to delay a product that has a very good chance of hurting their sales. There is no other reason to ask for the injunction. The funny thing is that there are almost no real patents being bandied about here by Apple. This is because if they throw those out Samsung has a few of its own to drop on Apple some that could even be tied to the A4 SoC in the original iPad…

For Samsung’s part they are making the claim of “Nuh-Uh!” followed by the “you never said that!” defense. As it stands right now they are pushing for a rehearing on the claim that an injunction was not mentioned or requested in the original complaint. They are also claiming that the judge that approved the temporary ban did so without allowing Samsung to present evidence in its defense.  This is very hard to believe as it represents both an unethical and illegal move by the judge in question. It is even harder to believe considering that an injunction and ban is exactly what Apple went for in Australia.

To be honest both companies are acting a little childish and unprofessional. If you ever wanted to see just how arrogant companies can be here it is, and to top it off you get to see just how ignorant the legal system is to how technology and the tech industry as a whole works.

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