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Did Apple Mislead Judge into Granting That Injunction?
“The picture of the alleged Galaxy Tab provided by Apple is cropped and its aspect ratio is distorted”

One of the screenshots Apple used to persuade the Regional Court in Düsseldorf last week that Samsung's Galaxy Tab 10.1 is a dead ringer for its iPad 2 and should therefore be barred in all of Europe except Holland because it infringes Apple design rights is inaccurate according to WebWereld.nl, a Dutch IDG publication, which went scurrying off to tell Samsung all about it.

The point of the look-and-feel comparison on page 28 of Apple's complaint (see below) is ostensibly to show that Samsung copied the iPad's rounded corners, flat surface, metallic frame and icons. However, side-by-side the two devices look to be the same size when in reality they're not.

Writing in English in PC World, Andreas Udo de Haes, the author of the Dutch story, says, "The picture of the alleged Galaxy Tab provided by Apple is cropped and its aspect ratio is distorted. According to Samsung, the Tab measures 256.7 x 175.3 millimeters which translates to an aspect ratio of 1.46. The Tab pictured in the complaint however has an aspect ratio of 1.36. The bottom is about 8 percent wider than the actual one.

"As a result, the aspect ratio of the purported Tab is actually closer to the aspect ratio of the iPad 2, which is 1.30. In short: the shape of the alleged Galaxy Tab 10.1 in Apple's complaint matches the iPad 2 more closely than it matches the actual Tab."

The discovery raises the question of whether this inaccuracy undermines Apple's case since preliminary injunctions are only handed out on the basis of strictly factual evidence.

Samsung - which hasn't complained about the discrepancy - at least not yet - has challenged the ex parte injunction and a hearing is currently scheduled for next Thursday, August 25.

About Maureen O'Gara
Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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