Samsung objected to a photo of the Epic Touch 4G that Apple presented as evidence of design infringement this morning, claiming that Apple had doctored the image so it would look more like an iPhone. Judge Lucy Koh overruled the objection, however, saying that Samsung’s claim lacked credibility.
The image at issue depicted the Samsung phone with an icon layout very similar to the iPhone’s, which Samsung objected to, stating that the device does not look like that out of the box.
Samsung then presented a photo with a different on-screen appearance, saying the photo had been taken on Sunday to accurately represent what the phone looks like right out of the packaging.
Judge Koh took issue with the Samsung photo, after noticing that it lacked features Samsung said were present on its phones straight out of the box, including the Google search widget.
“Why does your homescreen not show the Google search box when you’re telling me the phone has the Google search box,” the judge asked Samsung’s legal team, according to the Verge.
She also pointed out that the photo depicted Monday’s date, causing the Samsung attorney to admit the the photo had not been take on Sunday as he had earlier stated.
Apple’s attorney, Michael Jacobs stated, “There has been no manipulation, we’ve been rigorous about that.”
Jacobs answered “no” when asked if Apple had changed the icon layout on the phone, or tampered with it to make it look more like its own products.
“I find it not credible that Apple tampered with these phones,” Judge Koh stated in overruling Samsung’s objection.
“I’m not going to have this happen again,” she said, saying both parties need to come to agreement in advance on images they will present as evidence.
