One glaring problem with the German court proceedings that allowed Apple to file for a preliminary injunction against the Samsung Galaxy Tab 10.1 was the inability for the accused party to review the evidence brought against them. Had Samsung been given a chance to examine documents provided to the court by Apple, they may have noticed something fishy about a pictorial comparison found on page 28 of the filing. The side-by-side images of the Galaxy Tab 10.1 and iPad 2 were intended to show how similar the two devices appeared, and at first glance there is almost no noticeable difference between the two. At second glance, the astute eye might notice that the image of the Galaxy Tab has been manipulated to more closely resemble the iPad.
Whether the inclusion of the altered image was intentional or a mistake on the behalf of Apple’s legal team, misleading information has no place in a court of law, especially when the central complain is based on the similarities in appearance between the two devices. Once Samsung gets its day in court to appeal the ban of Galaxy Tab 10.1 sales around Europe, the facts will be brought to light. If the ban is indeed lifted (as it should be), it will serve as the perfect slap on the wrist for Apple’s filing blunder.