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The case is about if the Galaxy Tab looks too much like an iPad. For this reason Samsung's lawyers suggested on day one Apple's evidence was altered. If you can prove this it should score a lot of points with the judge.
On day one Thom brought this news, although he promoted the suggestion to fact and does so again in this article.
However on day two Samsung's lawyers made no further mention of this.
Why didn't they do this? Why not present prior art AND evidence tempering? They'd be very bad lawyers if they presented their client like this and not using everything they can find to their advantage. It's their job to put all evidence, facts and even fiction on the table to score a victory for their client.
The only reason they didn't present this in their defense would be if it was a disadvantage to do so. Like when Apple's lawyers told them what's up with these pictures.
Google around, which Thom didn't, and you'll find some (possible) explanations.
If Samsung's lawyers just didn't bother to mention this to the judge this is equally stupid as photoshopping evidence, knowing the other party will notice this for sure.
As it stands now "willful tempering evidence" is not proven and not a fact.




Member since:
2010-03-08
Sir, hats off. It's bold of you to say that the claim wasn't going to hold in the comments of an article which shows pretty clearly that Apple *did* tamper with evidence.
Besides, not talking about something doesn't equate forgetting it, and journalists are not asked to report anything that *hasn't* happened during a case. Samsung's lawyer could well think that the evidence had indeed been tampered with, but that the "prior art" defense remained the simplest one.