It seems that Apple (NASDAQ:APPL) has been caught with its pants down by the Dutch website webwereld (webworld), which has compared the evidence submitted by Apple to a German court in order to obtain an EU junction against Samsung’s (005930:Korea SE) Galaxy Tab.
The Tab has an aspect ratio of 1.43 whereas iPad 2 has one of 1,.30. But in order to make the Tab look more like an Ipad 2 the aspect ratio has been slimmed down to 1.36 in the evidence supplied to the court.
Arnout Groen, an attorney at Klos Morel Vos & Schaap in The Netherlands and specialized in intellectual property rights, is befuddled. “The mistake in form factor can hardly be a coincidence. The form of the Tab is distinctly different so it looks more like the iPhone. It is up to the discretion of the German court how this will be handled. ”
In civil proceedings the parties have a legal duty to present evidence “fully and truthfully”. This is true whether deliberately or accidentally incorrect evidence has been submitted, and as the court may commit significant consequences, explains Green to webwereld. “In design cases concerning the design of products, making it essentially to supply correct information.” Groen said.
Several sources point to the fact that the photo, if not PhotoShopped, may be of a pre-release unit that has previously been used as evidence in an American court case. Also noted is the missing Samsung logo as well as the distinctive Apple “home” button.
Webwereld has tried to obtain comments from both Apple and Samsung, but so far to no avail.S|A
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