Updated: Judge did see tablets in Samsung patent case

Case documents suggest court got its hands on tablets and didn't rely on Apple photos

Stewart Mitchell
16 Aug 2011

UPDATE: The judge at the centre of the Apple-Samsung patent spat did have his hands on the iPad and Galaxy Tab hardware, dispelling fears that Apple had swayed the ruling by submitting inaccurate pictures of the hardware.

According to court documents (in German), the judge had substantiating evidence in the form of "visual inspection of the Galaxy Tab 10.1", so didn't rely on pictures submitted in Apple's original filing.

Apple had earlier been accused of submitting incorrect evidence to a German court in the patent case that led to an EU-wide ban on the sale of Samsung's Galaxy Tab 10.1.

“Apple and its lawyers have, consciously or not, misled the court in Dusseldorf with the submission of incorrect evidence about the similarity of the Galaxy Tab 10.1 with the iPad 2,” claimed the report on Dutch site Webwereld.

According to the site, the main problem was that in its submission, Apple included images of the Tab and iPad side by side, but the picture of the Samsung was either incorrect or had been tampered with to make it look more like Apple's slate.

apple pics

The report highlighted images presented to the court that showed the Tab to have an aspect ratio of 1.36 – much closer to the iPad's 1.30 than Samsung's official dimensions that show a more oblong 1.46 aspect ratio.

“At least one of the pictures of the Galaxy Tab that Apple has used as evidence ​​is wrong or has been manipulated. It is one of the most striking image comparisons,” the report said.

The image included also featured no Samsung logo on the front of the product, which could be seen as an added differentiator.

The clarification of the judge's evidence base doesn't explain Apple's confusing use of images, but does mean it had no material impact on the injunction.

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