An image used to sway a German court into granting Apple an injunction against sales of the Samsung Galaxy Tab 10.1 in Europe could have been manipulated it has been revealed.
Dutch IDG affiliate Webwereld.nl claims images of Samsung’s tablet – effectively now banned in Europe in every country apart from the Netherlands – had been cropped and had its ratios tampered with to make it look more similar to the iPad 2.
Since the decision by the German regional court in Düsseldorf granted Apple an injunction owing to the apparent similarities between the two devices, a deliberate visual distortion could be grounds for appeal.
Samsung’s Galaxy 10.1, as its name indicates, is 10.1in x 6.9in x 0.34in while the iPad 2 measures 9.5in x 7.31in x .34in. In the image used in the complaint, however, the aspect ratio increased width by some 8% – making the Galaxy look a lot more like its rival – or “practically identical” to quote Apple’s terminology from page 28 of its complaint.
When the judgment came through last week, Samsung claimed it had been taken completely by surprise by the German court, despite having filed a protective plea with the same court beforehand. It’s unclear whether this was coincidental or whether the Korean firm actually knew more than it’s now letting on.
When we asked the firm for comment, RCR was told “Samsung does not comment on any questions related to ongoing litigation, so unfortunately, Samsung politely declines comment.” This after the firm gave RCR a full statement on the judgment last week.
