Aug 15 AT 2:33 PM Dustin Earley 75 Comments

Apple lied to halt sales of European Samsung Galaxy Tab

samsung-galaxy-tab-10.1-full

When we last visited the sad saga of Samsung’s legal battles, Apple had won a preliminary injunction in the German courts, putting sales of Samsung’s Galaxy Tab 10.1 on hold in Europe. It seemed that, after being presented evidence that Samsung was essentially copy-catting Apple in the design of the Galaxy Tab 10.1, courts ruled that Samsung had to stop selling the tablet for now. Simple, right? Well it’s not that cut-and-dry.

For starters, Samsung had no idea this was going on. This is standard in the German court system, but shady nonetheless… for more than one reason. You see, if Apple had presented a judge with a Galaxy Tab and an iPad, things may have been different. Instead, Apple submitted false information (in picture form) that showed the Galaxy Tab looking more like the iPad than it really does.

In real life, the iPad 2 is 9.5in x 7.31in x .34in. The Galaxy Tab 10.1 is 10.1in x 6.9in x 0.34in. While that may not seem like much, when the two are placed side-by-side they look a lot different. Especially when both are at their respected home screens. In the picture submitted to the courts, the Galaxy Tab was cropped and stretched to be eight percent wider than it really is. If Apple’s claim hadn’t been that the Tab’s “overall appearance” is “practically identical” to the iPad 2, it wouldn’t have been such a big deal. But the facts don’t lie. In a court case about what consumers think when they see both products, Apple submitted a fake picture of the competitor’s product.

There’s no telling what this will do for the case against Samsung. You’d imagine it would damage Apple’s stance pretty heavily. But who knows what other shady tactics the company has in store? We’ll be sure to keep you posted on this one.

Via: TechCrunch

Source: Webwereld

Dustin Earley: Tech enthusiast; avid gamer; all around jolly guy.

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  • http://youtube.com/user/jawckamoe Marcus

    I can’t believe Apple would do something like that. That just proves that they are afraid of Android. They know that eventually they will end up like WP7 and Symbian

    • http://www.searingarro.com Coolaaron88

      Why is WP7 on the chopping block to you?

      • Tony

        Maybe because Microsoft is making more money from Android handsets than their own WP7 OS devices.

    • Galen20K

      I can believe it… smh

    • Tony

      You can’t? Really? Because I sure can.

      • sylar

        Yea I’m not surprised at all. I just hope that this will have a major impact on all their other infringement cases against Samsung, android and such by getting them all thrown out or have them be reviewed.

      • http://www.facebook.com/profile.php?id=100002275344855 luiek20

        i can too damn rotten apple

    • http://droidsamurai.blogspot.com PixelSlave

      I am not surprise at all — they’ve been known to master the art of distorting reality since day 1.

    • Leonick

      Well we don’t know for certain they did.
      We don’t know if someone at Apple changed the image or if they got it from another source where it was already changed.
      I’ve seen distorted images of both phones, tablets and TVs in advertisements from electronic stores just because they had to make it fit in there…

      Until we know more it’s not very nice to call Apple liars, that’s called defamation, illegal in parts of the world, probably most of the west world :p

      Now, if Apples lawyers did this that sure is some dirty play…

      • Santiago

        we “don’t know for certain they did”??????? Holy cow!!! All I can say is email me about a bridge I got for sale. What a whopper!

      • http://twitter.com/alysdexia/favorites Autymn D. C.

        not nescient?!

    • philnolan3d

      I can, it sounds very much like something apple would do.

  • BiGMERF

    Wow, why am I not surprised. I hope some kind of punishment is next…

    • Leonick

      Well, the next step would be finding out if Apple/their lawyers manipulated the image intentionally or if they got it from a source that was already distorted.

      Innocent until proven guilt, it’s how it works in most parts of the world…

      • philnolan3d

        I think apple is not stupid, if they got an image that didn’t look like the real thing I doubt they would use it by accident.

        • http://twitter.com/alysdexia/favorites Autymn D. C.

          Yet you are. You said is, then they, and without a semicolon.

  • Steve Wright

    This can only be good for Samsung,
    Contempt of court is a serious issue. As well as that the judge will have to think about the implied reasons for Apple choosing to fake evidence. Reveals them to be desperate.

  • Joshua

    “oh, sorry—we’re still learning our photo editing software from Lion. we meant to hit ‘Save’, but apparently stretched/skewed to a new ratio & then hit Save…it won’t happen again.”

    • Sam G

      More like “we stretched the picture to see what it looked like but because of our ‘autosave’ feature it saved automatically overwriting the original without giving us a choice to not save it.”

      • philnolan3d

        And “accidentally” placed all of the icons just like how ios layes them out.

  • http://android.jamtheman.dk JamTheMan

    Why is this not even a surprise…

    I just can’t believe that I am sitting here with no Tab10.1 in my hand because of Apples ways of playing (in DK btw)…

    • Leonick

      Are you sure you can’t get one? I where out in some large electronic stores yesterday and it was actually up on the shelves and for sale.
      Stores are still allowed to sell it, Samsung just can’t sell them any more at the moment…

  • Dustin Earley

    I’m afraid Apple will just say “well it was done to place emphasis on the issue.” And a judge will say “ohhhhh OK.”

    • sylar

      Oh that would be just great. Then Apple would know they could get away with anything and run everybody else out of business. Let us hope the judge has some brains.

  • http://www.mlswanson.com SparkyXI

    All I can say is… wow… Let’s hope Germany throws the book at Apple for this, and that the EU does the needful. I certainly hope the FTC is watching this closely as well…

  • RandyN

    Interesting. Glad that you know for sure that Apple “lied” since it’s the title of the post. If you don’t know for sure, you may want to look up the definition of libel (and also be aware of the legal ramifications).

    • Zer0-9

      definitions:

      Lie: a false statement made with deliberate intent to deceive; an intentional untruth; a falsehood.

      Libel: A published false statement that is damaging to a person’s reputation; a written defamation.

      It would seem then that Libel is simply a more specific form of lying.

      • Leonick

        The point is that the title says Apple lied.

        There is no evidence as of yet that shows that Apple lied.
        There is evidence that prooves that there is something wrong with that image, but without any proof that Apple actually intenionally distorted it claiming Apple is laying is libel/defamation, an act that can have legal ramifications though I doubt it in this case, I doubt anyone will report a blog for libel, it’s to be expected :p, but still, a valid point.

    • Guest

      lie Function: verb Inflected Form(s): lied; ly·ing \ˈlÄ«-iÅ‹\ Etymology: Middle English, from Old English lÄ“ogan; akin to Old High German liogan to lie, Old Church Slavic lÅ­gati Date: before 12th century intransitive verb 1 : to make an untrue statement with intent to deceive 2 : to create a false or misleading impression

      li·bel Pronunciation: \ˈlÄ«-bÉ™l\ Function: noun Etymology: Middle English, written declaration, from Anglo-French, from Latin libellus, diminutive of liber book Date: 14th century 1 a : a written statement in which a plaintiff in certain courts sets forth the cause of action or the relief sought b archaic : a handbill especially attacking or defaming someone 2 a : a written or oral defamatory statement or representation that conveys an unjustly unfavorable impression b (1) : a statement or representation published without just cause and tending to expose another to public contempt (2) : defamation of a person by written or representational means (3) : the publication of blasphemous, treasonable, seditious, or obscene writings or pictures (4) : the act, tort, or crime of publishing such a libel

      Nope. Looks like Apple lied and in doing so libeled themselves.

      • thaghost

        Good job

        • counsel

          You lawyers? These graphical illustrations are not to difficult to explain as not being “lies”… I’d like to hear what the blog’s lawyer says about the title… ;D

  • Galen20K

    Well Surprise, surprise… like I ALWAYS say, Apple is S H A D Y!

  • Renato M.

    who is EVIL now?

  • AnthonyRyan89

    Wow really id expect better from Apple to stoop so low and lie just so they can prevent the Samsung Galaxy Tab 10.1 from selling in Europe

    • philnolan3d

      You would? Are we talking about the same apple?

  • http://www.bheller.com Bruce

    I twitted it the first day : https://twitter.com/#!/djlemmings/

  • Iain

    “For starters, Samsung had no idea this was going on. ”

    Apparently they did – http://goo.gl/dMlQe

    • muadhnate

      The problem with this poster is that he’s claiming that Samsung is “spin doctoring” simply because he wasn’t aware that they filed a protective pleading order. Then goes on to confirm that Samsung was not informed nor were they allowed to present any evidence. That’s the bulk of the issue they were not allowed to defend themselves.

      I’m not surprised that they did file one since Apple has already pulled this with them (and others) concerning their products. It doesn’t meant they knew for sure that it was coming, but that, dealing with Apple’s actions as of late, it was likely to happen.

  • mitch

    Isn’t this fraud?

    • inviolable

      No, that’s not fraud.

    • mike

      That is contempt of court if it was intentional.

  • DKConstant

    Does anyone else remember when Apple shopped a screencap from JJ Abrams Star Trek to make it fit their screen properly? If they’ll lie to us, why NOT lie to a judge?

    • DKConstant

      http://i.imgur.com/S1vo4.jpg

      Sorry for replying to my own post, but I just found the picture and I’m working from my phone.

      • Dustin Earley

        Yes! I remember this.

  • SliestDragon

    Wow. That is just stupid. I’m amazed that I didn’t see something like this coming.

  • Interpol91

    Not surprising. Apple is desperate and the judge will hopefully condemn them for this childish behavior.

  • reddragon72

    We all know that nothing will happen to Apple, because it is difficult to scold the little retarded boy.

  • uknowme

    I’m not surprised one bit. They are fighting a battle that they can’t win. Why oh why can’t they be content with second place?

    • Benjamin Smrdelj

      Yeah yeah, you Android whiners, Samsung has copied many other things beside the shape and look of Galaxy Tab. And you say Apple is on the second place? Well, even if you shine things up as much as you can, Samsung and Android is way back from Apple and iOS.

  • Mighty_O

    people lie all the time to get their way.

  • Iain

    This article includes the original filing by Apple – http://goo.gl/fxaMm

    Note the submission includes photos of the actual product in question.

  • IliketoChoose

    This is some other “Apple magical”…

  • Steve505

    Even if the judge rejects Apple’s lawsuit, Apple will still be the winners here because they were able to get rid of their competition for a few weeks.

    • Samdroid

      No. If it gets overturned by the court then Apple has to pay Samsung for damages for the time it was off the market. And if you think about all the things that look the same like microwaves and tv’s, GPS’s, headphones, keyboards, camcorders, other tablet PC’s, cameras, all products in the same field look the same. this is nothing but a way to stop competition, because Apple can’t compete fair. And this is proof.

  • Nathan

    Wow, hopefully this ruins apple image in some degree, and to think I thought apple can play nice for once, some company never change.

  • sharxx

    First you copy notifications system. Then try to copy “voice” (by working with dragon). Oh wait, BBM was good so let’s copy that too!….Okay so now we look like Android

    All things in place, let’s copy galaxy tab 10.1 picture and stretch it and make it look like ipad

    Bravado~!!

    • Samdroid

      Apple copied the iPod from Kane Kramer, copied the MacOS “dock” from Acorn computers, Was sued by Burst.com and settled for the technology used in the iPod and iTunes, copied the iPhone from LG Prada, NeoNode, and Samsung F700, copied parts of iOS (like swipe to unlock etc) from NeoNode, Sued by Nokia and settled for patents related to GSM and UMTS standards as well as 802.11 WiFi technologies, Sued by Cisco and settled for using the “iPhone” name, copied the Finder icon from a Picasso painting titled “Two Characters”, copied the App Store from Jailbreak/Cydia, Sued by Personal Audio and lost for patents related to playlist implementation on the iPod. Personal Audio was awarded $8 million. Was sued by Mirror Worlds and lost for patents related to Cover Flow, Time Machine, and Spotlight features found in Mac OS X and iOS. Apple was ordered to pay $625.5 million to Mirror Worlds. And copied Android features that include Notifications, Wireless syncing, Tabbed browsing, New split keyboard, Open apps from the lock screen, and Over the air updates. And he has the balls to sue others?

      • muadhnate

        What did he admit? He likes to steal other’s good ideas.

        Jobs is full of it.

      • Autymn

        Oh yeah? Acorn’s icon bar copied NeXTSTEP’s Dock.

        Good point about NeoNode N1 and swipes: http://www.pencomputing.com/WinCE/neonode-n1-review.html.

        LinkSys’s iPhone used Apple’s i-. So they took it back.

        The Finder icon was not a copy:
        http://www.heltering.com/177/the-inspiration-behind-apple-finder-icon
        http://www.edibleapple.com/did-pablo-picasso-help-inspire-the-mac-finder-icon/

        Apple’s App Store opend in July 2008, and Cydia Store in March 2009.

        Mirror Worlds lost.

        Notifications was the same as Apple’s Dashboard.

      • alysdexia

        test post

      • alysdexia

        Oh yeah? Acorn’s icon bar copied NeXTSTEP’s Dock.

        Good point about NeoNode N1 and swipes: pencomputing.com/WinCE/neonode-n1-review.html.

        LinkSys’s iPhone used Apple’s i-. So they took it back.

        The Finder icon was not a copy:
        heltering.com/177/the-inspiration-behind-apple-finder-icon
        edibleapple.com/did-pablo-picasso-help-inspire-the-mac-finder-icon

        Apple’s App Store opend in July 2008, and Cydia Store in March 2009.

        Mirror Worlds lost.

        Notifications was the same as Apple’s Dashboard.

  • TGeezy86

    After looking at the drawings submitted in Apple’s filings, I ran across something magical, astounding, PRIOR. This, ladies and gentlemen, would classify as prior art, would it not? Looks like Apple copied the design of Samsung, not the other way around

    http://www.engadget.com/2006/03/09/samsung-digital-picture-frame-stores-pics-movies-music

  • KiTA

    Does it really count as lying, though? The courts aren’t going to consider “it’s the exact same as an iPad, only 1″ smaller” to be significant. By adjusting the pictures to be equal ratios they drive this point home.

  • Phil

    Does this mean I can draw a picture of a holographic TV and if anyone invents it in the future I can claim royalties on it? Basing a patent application on a drawing is absurd, nobody owns the patent to the form factor of cars, laptops, cups, plant pots or 3-piece suits – they all look the same because they are a form factor, in my view entirely unpatentable.

  • muadhnate

    Wow. This isn’t even based on the ipad. It’s based on some BS community design which wasn’t registered. They are basically saying that since they drew a tablet with a flat back rectangle first that Samsung is infringing on that. Apple is shady as all get out. The obvious counterargument that others are putting forth is the digital picture frame existed long before their community art. It’s called prior art. I have a feeling Samsung will win this one. Apple is basically trying to patent the rectangle. It’s actually fascinating.

    http://blogs.computerworlduk.com/open-enterprise/2011/08/rotten-to-the-core/

  • Hollyw0od

    Pardon us, we were just trying to innovate litigation with this amazingly new dishonesty feature.

  • http://www.themadranters.com Captain Teabag

    HAHA! Apple FTW!

  • Tran Lang

    I had a chance to look at the 2 tablets on my 2 hands, and I’m pretty sure there’re many other people who have chances to hold the 2 tablets in their hands for comparison. There’s no way someone can tell that they look alike at all. If it’s true that Apple altered the photos and submitted to the court, they’re f**king dirty devils. I couldn’t understand why they betray the Apple customers who all the time trust their products. It is so dirty.

    • Marty Gelt

      In case all you Google fanboys have forgotten, when the first iPhone was announced in 2007. At that time, ALL smartphones used a stylus to manipulate icons, and no icons were sized to be manipulated with a finger. No smartphones had a 1-botton interface or no keyboard. There was NO platform-specific app store (and NOBODY used the term) NO integrated music store, and the list goes on… Yes, there were certain elements of this design present in (a limited number of) other products, but NO other company EVER tried to put ALL these elements into ONE interface – until the Phone. It is almost impossible today to find a smartphone without most of these features. All these manufacturers took advantage of the fact that the patent office moves so slowly, and took that time to integrate these features into their own designs so that we are now at the point where Apple is not even able to get approval for patents it filed BACK THEN on their “look and feel” because the market is so saturated with look-alike products that this is now considered to be the defacto look for a smartphone. The fact of the matter is that if you look at this lawsuit BEYOND just the pictures, and look at the SUBSTANCE of the arguments made, it is clear that while Apple is innovating in this space, all the others right now – except Windows Phone, are playing the game of basically offering a look-alike but cheaper alternative to the iPhone – and Samsung has been targeted because they are the most blatant example of this problem. If the average consumer – without knowing the real differences, were shown these phones side-by-side, they get the impression that these are just a cheaper way to get the functionality of the iPhone. As a matter of fact, when Verizon had Android and not iPhone, they were selling Android as “Just like the iPhone.” These are the facts – BEFORE the iPhone ALL smartphones basically looked like Windows Mobile. SINCE the iPhone ALL smartphones (except Windows Phone and Blackberry – although even Blackberry is coming along) look like the iPhone. Again, the ELEMENTS may not have ALL originated with the iPhone, but the COHESIVE WHOLE did, and for anyone to argue that Apple is “lying”, is to be willfully ignorant of the facts.

  • boltcrazy

    Okay, the Galaxy S really did have a striking resemblance to the iPhone… as in, a lawsuits worth of resemblance.

    But Apple should have stopped there. Everything else is bull****. Apple is really testing my nerves here.

  • David

    I have seen the galaxy tab it doesn’t look anything like an IPAD. Samsung will eventually win this case because apple doesn’t invent anything they just repackage other peoples tech and act smug about it.