Apple's evidence in Galaxy Tab case questioned

A Dutch news site claims to have evidence that Apple falsified at least one of the images on which the court relied to make the decision to ban the Samsung Galaxy Tab 10.1 from Europe, making Samsung's device look a lot more like the iPad 2 than is actually the case.

Apple was granted an injunction preventing the sale of the Galaxy Tab 10.1 Android-powered tablet anywhere in Europe, except the Netherlands, after a Düsseldorf court agreed that Samsung's device was substantially similar to Apple's. While Samsung has declared that it had no chance to argue its case to the court, Dutch news site WebWereld has indicated that Apple's evidence to the court was at best flawed and at worst outright misleading.

An image provided to the court purports to show an iPad 2 and a Samsung Galaxy Tab 10.1 side by side. Looking at the image, it's hard not to see Apple's point: the screen of the device is surrounded by a black bezel, and an array of icons await the user's prodding finger. It almost looks like the two could be overlaid to create a single, melded image.

Trouble is, that's not the case. As WebWereld demonstrates, the Galaxy Tab image has been modified to make it wider, and thus more like the iPad 2 than is actually the case.

The iPad 2 is built on an aspect ratio of 1.3, whereas the Galaxy Tab 10.1 is built on an aspect ratio of 1.46, making it thinner than the iPad 2 when held in portrait mode. The image provided to the court, however, is of a Galaxy Tab 10.1 built to an aspect ratio of 1.36 - a device which simply doesn't exist.

Given Apple's use of a stretched image of the Galaxy Tab 10.1, it hardly even seems worth pointing out that the two tablets are also in different modes: the iPad is showing Apple's icon-based homescreen, while the Galaxy Tab has Android's icon-based app drawer open. Close the app drawer, and the Galaxy Tab's widget-based homescreen appears, making the two devices look much less alike.

So far, the court hasn't commented on the site's claims that it has been misled, but it seems that if this is the evidence presented to it by Apple, it's a poor basis on which to prevent Samsung from selling the device across Europe.

Apple has not responded to our request for comment on this story.