Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 179

Declaration of SARA JENKINS IN SUPPORT OF SAMSUNG'S OPPOSITION TO APPLE'S MOTION FOR PRELIMINARY INJUNCTION filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT)(Maroulis, Victoria) (Filed on 8/23/2011) Modified on 8/29/2011 cannot link entry-opposition has not been efiled (dhm, COURT STAFF).

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August 15, 2011 5:52 PM EDT

Not everything seems to go in Apple's way.
In the patent war over Samsung's Galaxy tablet in Europe, Apple may have released false evidence
to the German courts against the Korean firm.
Last week Apple received an injunction from a

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Netherlands. This development follows Apple
successfully delaying the launch of Galaxy Tab 10.1
in Australia.
Samsung will appeal the ban on Aug. 25 in the same
court in Germany.

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"The request for injunction was filed with no notice to
Samsung, and the order was issued without any

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hearing or presentation of evidence from Samsung.

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We will take all necessary measures to ensure

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devices are available to customers in Europe and

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around the world," Samsung said in a statement.
Meanwhile, the photo emerged

as evidence suggesting that the Galaxy Tab 10.1 is identical to the iPad 2

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appears to be falsified, according to an investigation by Webwereld.nl, Dutch
IDG publication.
An image of the iPad 2 and the Galaxy Tab 10.1 appears on page 28 of the
complaint filed by Apple's European lawyers, showing their resemblance.
However, the image of the Galaxy Tab submitted by Apple has its aspect ratio

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http://webwereld.nl/nieuws

While the actual Galaxy Tab 10.1 measures 256.7mm x 175.3mm with an aspect ratio of 1.46, the
picture shows the tablet with an aspect ratio of 1.36, eight percent wider than the real slate.
As a result, the Samsung tablet looks far more similar to Apple's iPad 2 than it actually is.
Arnout Groen, a lawyer with the Dutch firm Klos Morel Vos & Schaap, specialized in intellectual
property rights litigation, is baffled by the flaw.
"This is a blunder. That such a 'mistake' is made in a case about design rights can scarcely be a

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coincidence... The aspect ratio of the alleged Galaxy Tab is clearly distorted to match the iPad more
closely. Inasmuch as this faux pas will have consequences for the case is of course up to the judge.
But at least a reprimand by the German judge seems to be in order," Groen was quoted by
Computer World for saying.
Samsung has been locked in a battle with Apple over smartphone and tablet patents since April.
The Galaxy gadgets pose one of the biggest challengers to Apple's mobile devices, which have
achieved runaway success.
Earlier, Apple has accused Samsung of violating intellectual property rights across various products,
including tablets and smartphones. In July, Apple filed a complaint against Samsung with the
International Trade Commission in the United States over IP violations in both the tablet and
smartphone markets. Apple has also filed suit against Samsung in Japan, South Korea and the U.S.
Apple has said the Galaxy line of mobile phones and tablets "slavishly" copied the iPhone and iPad,
and it has sued Samsung, which in return countersued Apple.
Apple sold 14 million iPads globally in the first half of 2011, while analysts' sales estimate shows
around 7.5 million units for the Galaxy Tab over 2011.
"Outside of Apple, we believe Samsung is one of the few OEMs in the world with ability to enjoy
success in both the smartphone and tablet markets. However, if Samsung is violating Apple's IP
rights, we believe Apple could enjoy even further success in these markets in the coming years,"
commented Ticonderoga Securities analyst Brian White in a note to clients.
There is no compromise in sight between the technology giants. The legal battle is likely to carry on,
which could result in a loss of millions of dollars to settle each claim in the court.
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