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Apple files inaccurate evidence in Dutch Samsung case

Is the iPhone and iPad maker shooting itself in the foot with manipulated images?  —  Apple has filed inaccurate evidence again in a major case against Samsung, this time in the Netherlands, where the company is arguing Samsung's Galaxy S smartphones …

Computerworld UK's News Andreas Udo de Haes

Context & Ripple Effects

Four days after Computerworld reported that Apple's evidence may be flawed in its European Samsung case, the same problem has surfaced again — this time in the Netherlands, where inaccurate, apparently manipulated images are part of Apple's push against the Galaxy S. Two filings with the same defect inside one week turns an isolated slip into a pattern worth tracking.

The story travelled widely but not uncritically: Ars Technica's syndicated take argued Apple is 'not likely' deliberately faking evidence, framing it as sloppy comparative imagery rather than intent. That distinction matters — courts weigh intent, while Samsung gains a credibility talking point either way.

First-order effects

  • Apple's Dutch injunction effort against the Galaxy S now rests partly on exhibits its own accuracy undermines, handing the court a reason to discount Apple's side-by-side design comparisons.
  • Samsung can cite the repeat inaccuracies directly in its rebuttal filings in the Netherlands and in the parallel European proceedings.

Second-order effects

  • The credibility hit pressures Apple to tighten how it prepares comparison images across jurisdictions, since each new filing is now audited against the earlier mistakes.
  • Rival-device makers facing similar design claims gain a template for attacking visual-evidence quality rather than arguing the patents themselves.

Third-order effects

  • If design-patent suits keep turning on side-by-side imagery, evidence provenance and preparation standards become a structural battleground of their own in smartphone litigation.
  • A pattern like this invites closer judicial scrutiny of exhibit authenticity in patent disputes generally, raising the cost of aggressive visual argumentation for every litigant.

The trend: The 2011-2012 smartphone patent wars are escalating into multi-jurisdictional campaigns where the quality and integrity of comparative evidence is itself becoming contested ground.