After doctoring Galaxy Tab images for German court, Apple is once again in bad light after a dutch technology news site spotted doctored images within a filing in Netherlands court surrounding Samsung's Galaxy S smartphones.
This further supports claims by Bas Berghuis of Simmons and Simmons (Samsung's lawyer) that Apple has been "manipulating visual evidence, making Samsung's devices appear more similar to Apple's."
The Cupertino company is accusing Samsung of copying the iPhone's design in its line of smartphones, and is seeking an injunction.
"It surprises me that for the second time incorrect presentations of a Samsung product emerge in photographic evidence filed in litigation," said Mark Krul, lawyer and IP law specialist at Dutch firm WiseMen. "This is not appropriate and undermines Apple's credibility both inside and outside the court room."
Webwereld found that Apple had allegedly doctored the image of a Galaxy S smartphone by compressing it to make it the same height as the iPhone 3G, which Apple claims Samsung lifted the Galaxy S design from. By doing so, it also made the phone wider, which would further exaggerate the similarities.
Curiously enough, Apple does disclose in the filings that the Galaxy S has "slightly larger dimensions." However, for whatever reason it has decided not to show that in the graphical evidence.
While the cases in Europe are receiving the majority of media attention, there are also lawsuits pending between the two companies here in the U.S. A report from EdibleApple outlines the case in which Samsung appears to be trying to stall, while Apple pushes for a mid 2012 trial for patent related claims filed by both companies.
"Seeking to obfuscate and delay Apple's claims, Samsung filed an Answer to the Complaint on June 30 and brought counterclaims based on twelve disparate patents that are unrelated to the subject matter of Apple's patents. These twelve patents, seven of which purportedly pertain to public wireless communications standards, raise numerous legal, factual, and technical issues that are completely unrelated to Apple's claims and should be severed and set for trial on a separate track. Samsung itself does not believe that its claims require quick resolution, because it -- unlike Apple -- has not moved for expedited relief."
Samsung's legal counsel has already complained to the Dutch courts about Apple's apparent image manipulation, but failed to produce any evidence of it. It now appears from the work of the tech media that the Korean manufacturer may have some anecdotal evidence that their fears are indeed true.