A Dutch magazine has found that Apple manipulated images in the firm’s successful application to a German court to have Samsung’s competing Galaxy Tab 10.1 banned from sale in the EU.
Apple’s complaint centred not on hardware patents but rather the ‘look and feel’ of the tablet which the complaint pictured side-by-side with the iPad alleging that the Android tablet was virtually identical to the market leader.
However Dutch IDC magazine Webwereld showed that the Samsung Galaxy Tab 10.1 image had the aspect ratio modified to appear closer to the iPad than the device actually was.
Webwereld quoted a ‘bewildered’ IP specialist attorney Arnout Groen as calling the Apple move a ‘blunder’, adding that the image manipulation could ‘hardly be a coincidence.’
The magazine found that image of the Galaxy Tab 10.1 had been manipulated from an aspect ratio of 1.46 to 1.36, closer to the iPad’s 1.3 than the actual Galaxy Tab 10.1 and representing an 8 per cent increase in width.
IP law analyst Florian Mueller doubted that the image was part of a deliberate deception suggesting that the image may have been based on an Samsung prototype. Nevertheless the difference could result in a "reversal of fortunes" in a hearing on the sale injunction due later this month.
If the injunction should be overturned Apple could face significant damages.