Today we covered the existence of prior art which may raise questions about the validity of Apple's community design patent. It seems we will not need that. Apple seems to have dig its own grave by presenting the court with false evidence to mislead the court into believing that the Galaxy Tab infringes on the iPad design.
We maintained from the very beginning that the design of the Galaxy Tab is completely different from the iPad whether it be form-factor, aspect ratio, position of camera, lack of physical home button or the back. What we did not know that Apple assumingly 'photoshopped' the images of the Galaxy Tab and the iPad when it submitted it as an evidence to the court.
If one looks only at the images submitted by Apple, he/she will have no doubt about it that Samsung copied the design of the iPad. But, if you look at the actual picture you will find the evidence was supposedly doctored to mislead the court into thinking that it looks similar.
Here are the images presented by Webwereld to show how Apple forged them.
How serious is this falsified evidence? It must be of extreme seriousness because this injunction is only about the design similarity.
It will be interesting to see how the German court takes this falsified evidence? Combined with prior art which may nullify Apple's iPad design patent, this misleading evidence may turn the case in Samsung's favour.
What did Apple say to the court?
I wonder how much fine will be imposed on Apple by the European court?