quote: It is understood that the judge involved in the German case made his ruling based on a physical examination of the two tablets, rather than relying Apple's paper submission alone.
quote: Yes. There are now two parts to the case. First, while people were of the opinion that Apple had no case against Samsung, if the Judge initiated the ban based on physical examination of the actual devices then that indicates very strongly that infringement did in fact occur. Apple has a case. Second, misrepresenting evidence is a major no no. So it could well be that Apple would have won against Samsung if it weren't for that image.
quote: Calling the judge insane when he makes a decision you don't agree on is hardly a legal defense.
quote: And realistically given the HP tablet uses a stylus and a desktop OS and is almost 2.5 times as thick and 2.5 times as heavy as the iPad 2/Galaxy Tab, if the judge were to hold that HP tablet along with the iPad 2 and Galaxy Tab, it'd probably encourage the view that the Galaxy Tab is more similar to the iPad 2 than that HP tablet is.
quote: Rather than the commentary of some lawyer, it's already been reported by news sites that the German judge made the ban decision on the Galaxy Tab based on physical examination of the devices themselves and not the pictures.
quote: In the German case where the aspect ratio was distorted, some form of image manipulation is occurring.In this Dutch case, that picture of the Galaxy S looks like a stock press kit shot. Probably this one:
quote: You can't expect a random Galaxy S press kit shot to match the same physical scale as a random iPhone 3G press kit shot when placed side to side for the filing.
quote: I thought Apple didn’t like Adobe?
quote: Hint: Look at the chest and the blinds...
quote: I love it when an Apple plan backfires in their face. Unfortunately it doesn't happen nearly enough.
quote: There is also doubt that the image differences noted by Webwereld in the German case would be enough to sway the court. According to BBC News, the judge in Germany did not base his decision against Samsung on Apple's photos alone. He also physically examined both devices before deciding that the Galaxy Tab 10.1 likely violated Apple's registered Community Design enough to issue an injunction