Apple evidence flawed in Samsung Galaxy Tab 10.1 case?

A new twist has hit the Apple versus Samsung court case which saw the Galaxy Tab 10.1 banned in the European Union. Some pictures from the iPad manufacturer's evidence have emerged which show the rival device with peculiar dimensions.

Apple's case in the Dussledorf court that imposed the injunction partly relies, much like a similar action underway in the Netherlands, on online market research stating that 80 per cent of people believe that the Galaxy Tab 10.1 and the iPad are "identical", and also picture evidence shown to the judge that they do, indeed, look eerily similar.

However, Dutch website Webwereld.nl has managed to get its hands on a picture that was submitted, and it looks as if it has either been manipulated or altered in some way in order to make the Galaxy Tab 10.1 look more like the Apple device.

Pictured side-by-side, the devices look identical in the submitted shot, but that's because a) the Samsung logo has been removed from the bezel on the Tab, and b) the proportions of the Tab are incorrect. It seems that the Tab has been squashed vertically.

Those that managed to get their hands on the Samsung tablet before the injunction (and possible still, seeing as some stores have stock to buy) will know that the Galaxy Tab 10.1 has a 16.9 aspect ration, and is longer and thinner than the iPad. But the picture submitted as evidence is different. The picture shows the device having a 4:3 aspect ratio, much like its Apple rival.

It seems, therefore, that at least part of the case hinges on misleading evidence. And was this the picture shown to the 80 per cent of people who think that the tablets look "identical"? If so, that evidence is tainted too.

Of course, it may not have been Apple's intention to enter misleading evidence; the picture may have been of a pre-release prototype, and was the only image available when putting together its case (after all, these things take time). Nonetheless, the emergence of any such inaccuracies could put Samsung in the driving seat when its appeal hearing gets underway on 25 August.

What do you think? Are you hoping that Samsung wins out? Let us know in the comments below...