

Apple Again Cites Inaccurate Evidence in Samsung Patent Case - palebluedot
http://www.pcworld.com/article/238488/apple_again_cites_inaccurate_evidence_in_samsung_patent_case.html

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acangiano
I sincerely hope courts take this travesty seriously. Intentionally submitting
doctored and misleading evidence should be ground for immediate dismissal of
the case.

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siglesias
They're just trying to show the design similarities. Aspect ratio was not
altered.

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sjs
If the designs are so similar - and I am one of the few who really thinks they
are - then Apple would have no need to scale the Samsung device in order to
highlight the similarities. There's no excusing this. Once was terrible, twice
is just incomprehensible. Incredibly unprofessional no matter how this came to
be.

~~~
siglesias
The filing has lots of pictures and information, among them the dimensions of
the different devices. There needs to be a graphic that illustrates that the
proportions and relative button placement is copied; this is that graphic.

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joe_the_user
I believe even a commercial advertisement making this kind of comparison is
required to have a disclaimer immediately above or below it describing any
changes made to an image. I would imagine a legal document would have more
stringent requirements.

You remember "not actual size", right?

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joebadmo
If the charge is that Samsung hardware is so close to Apple's that it would
fool a normal reasonable person, isn't doctoring images sort of a tacit
admission that it's not? I mean, if you really believed it to be true, why
would you bother altering the images?

I'm kind of confused about why this affects the patent lawsuit, though. I
understand the German trademark dispute, but is the visual look of the iPhone
included in the patent?

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gwalker
Interesting point from the article:

    
    
      A legal expert on intellectual property cases, who
      declined to be named, asserted that when pictures are
      filed both in the complaint and in separate
      productions, those in the complaint would be
      considered more important. **Visual evidence presented
      there typically indicates that the plaintiff wants to
      emphasize its significance, he said.** 
    

Presumably Apple are pretty experienced in the intricacies of patent law so I
don't think you can blame the intern who can't use Photoshop...

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podperson
I'd love to see the image in context. How is Apple using the image? If this is
so egregious, then show it all.

If Apple's point is "Samsung copies our design slavishly" and the defense is
"wait, ours may look identical, but it's 6% larger", then good luck with that.

All I see so far is Samsung building devices that are identical to Apple
modulo the screens they're able to source. This may be exactly Apple's point.

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recoiledsnake
First, they're messing up the aspect ratio of the devices with the
manipulation. Second, there is no real need to do this, if the sizes are just
6% different, why change the image at all?. Third, this is showing up to be a
pattern, thus not just 'sloppy lawyering' like Gruber would want us to
believe.

>All I see so far is Samsung building devices that are identical to Apple
modulo the screens they're able to source. This may be exactly Apple's point.

And there is no better way to project that point except by making the screens
look exactly the same size without a note saying 'scaled size to show
similarities'? All this in a court filing.

Lets be honest here, if this was MS in place of Apple, everyone would be
screaming bloody murder.

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tzs
> First, they're messing up the aspect ratio of the devices with the
> manipulation

From the article: "The aspect ratio has not been measurably altered".

> And there is no better way to project that point except by making the
> screens look exactly the same size without a note saying 'scaled size to
> show similarities'?

Apple noted in the text of the filing that the sizes are actually different.

~~~
recoiledsnake
The OP was referring to Samsung devices in general and can apply to the
earlier tampering as well, the Galaxy tab did get its aspect ratio changed
from 16:9 to a 4:3.

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rmc
Summary: Some of the side-by-side images of Apple iPhone & Samsung Galaxy S
show the phones apparing visually similar, but the Samsung image has been
scaled down 6%.

It's the newspaper that claims that the evidence in inaccurate. What would be
very interesting is if the court involved also found it inaccurate, but I
can't find any decision one way or the other on this...

~~~
cooldeal
>Summary: Some of the side-by-side images of Apple iPhone & Samsung Galaxy S
show the phones apparing visually similar, but the Samsung image has been
scaled down 6%.

Would you say the same thing if it was Samsung's court filing and Samsung made
the iPhone 6% wider make them look dissimilar?

>It's the newspaper that claims that the evidence in inaccurate.

They're using the dictionary meaning of inaccurate. And it is plainly visible
to the eye that the images were doctored, unless you don't want to see it, no
real need to wait for a court to decide it for you.

~~~
rmc
The opinion of the court is very newsworthy, especially if the punish Apple.

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pedalpete
When your phone is a plain black square with rounded corners, don't they all
look the same? [http://mobile.engadget.com/2008/11/04/htcs-touch-hd-gets-
ove...](http://mobile.engadget.com/2008/11/04/htcs-touch-hd-gets-overseas-
hands-on-treatment/)

[http://www.theandroider.com/wp-content/plugins/wp-o-
matic/ca...](http://www.theandroider.com/wp-content/plugins/wp-o-
matic/cache/abfd4_17064_motimage_touchzine_hd_face-578x1024.jpg)

Are we really expecting the courts to compare aspect ratios, and corner radii
to decide that one is to similar to another?

Where will we draw the line? Sorry, Apple, 4" screen with 11mm thickness was
already done by htc, your phone is only 2mm thinner, that's too close to the
other devices.

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ajross
Apple has to get this under control. They're burning good will like crazy
here. Tech devices have been cloned since the dawn of the industry. They're
not meaningfully going to stop this, and this kind of game just makes them
look petty and insecure.

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martythemaniak
That's just pathetic.

