Apple may have provided flawed evidence to European judge in Samsung Tab 10.1 case

Apple’s case against Samsung is based on the fact that it believes the Samsung Tab 10.1 looks too much like its iPad. In the evidence provided by Apple to a European judge they included a side by side picture of the iPad and Tab 10.1 that might not be as accurate as possible. The picture in question has both products side by side, and they look strikingly similar in size and shape.

The issue revolves around a picture of the two tablets side by side. In the picture the two devices look very similar physically, which is why the Samsung tablet is currently banned from being sold in most European countries.

It appears that the picture of the Tab 10.1 has been altered in that picture and now looks more square shaped than it actually is. The Apple iPad has a 4:3 aspect ratio and is slightly more square shaped than the Tab 10.1 which has a wide screen 16:10 aspect ration, but in the picture they look nearly identical. It looks as though the bottom edge of the Tab 10.1 is missing which is why the aspect ratios of the two devices look so similar. In the altered picture included in the lawsuit the Tab 10.1 aspect ratio is closer to the iPads than it is to its original ratio.

We have yet to hear a response from Apple or its lawyers about the issue, but are very interested in what it has to say. We also do not yet know if the same picture was used in Apple’s case blocking the Tab 10.1 in Australia.

It is too soon to know if the picture was altered on purpose or not, but either way it seems as though this situation is far from over. In a case that hinges on how similar two products look this might be a pretty damaging hole in Apple’s case.