We learned not too long ago about Apple giving inaccurate evidence about the Galaxy Tab 10.1 in its case against Samsung in Germany. The pictures provided to the German court showed a wider Gtab tablet, making it look exactly like the iPad.
Today, our friends at CoumputerWorldUK, found another flaw in Apple’s evidence, this time in the district court in the Hague, Netherlands, where the Cuppertino-based company is claiming that the Samsung Galaxy S phones look very similar to the iPhone 3G. The good thing is that Samsung lawyer, Bas Berghuis, is aware of the situation and claimed that Apple has been “manipulating visual evidence, making Samsung’s devices appear more similar to Apple’s.”
Apple lawyers have reduced the dimensions of the Galaxy S phone by 6%, making it look as small as the iPhone 3G. The SGS’s dimensions, as per Samsung, are 122.4 x 64.2 mm while the iPhone 3G measures 115.5 x 62.1 mm. WebWereld claims that this evidence can be found on page 77 of the complaint, but unfortunately it is only available for viewing at the Hague district court.
A Dutch lawyer specialized in intellectual property law, Mark Krul, was asked about his thoughts about Apple’s fabrication of evidence and this is what he said: “It surprises me that for the second time incorrect presentations of a Samsung product emerge in photographic evidence filed in litigation.” He also added that “This is not appropriate and undermines Apple’s credibility both inside and outside the court room.”Mr. Krul said that due to the fact this Samsung, Apple case is related to design infringements, the comparison pictures furnished by Apple should be “complete and truthful.”
These actions seem counterproductive since now the focus has shifted more to Apple’s shifty misrepresentation than on the actual designs of the products. It makes you wonder if they were so arrogant to believe that nobody would verify the images or even use actual product in making a determination. In this battle, it seems like Samsung doesn’t really need to do anything to defend itself– Apple is doing a good enough job of killing their own arguments with their shoddy evidence!