More Galaxy Tabs returned due to malfunction than mistaken identity

The data comes from a Samsung survey taken in 2011 which examined the reasons Best Buy customers were returning the Galaxy Tab 10.1. Apple previously pointed out customers returned the Samsung tablet because they thought it was an iPad 2, however the actual numbers reveal malfunctions played a much larger role.

Samsung's Galaxy Tab study, which was conducted in 30 Best Buy stores across New York, Los Angeles and Florida, revealed 25 percent of returns were due to malfunctioning hardware while only 9 percent exchanged the device for an iPad 2. The hardware troubles amounted to system freezes, touch screen malfunctions and poor Wi-Fi performance. An additional 17 percent said screen lagging, short battery life and syncing issues were to blame for the return. Other issues included difficulty operating Google's Android OS and the device's app selection.

Apple contends that Samsung copied the look and feel of the iPhone and iPad, and was looking to prove the point by using data from the South Korean company's study.

The two companies are embroiled in a high-stakes patent trial which is in its fifth day of proceedings at the Northern California U.S. District Court. Industrial designer Peter Bressler, Apple's first expert witness, took the stand on Monday and said Samsung's designs were "substantially the same" as Apple's iPhone and iPad patents. In cross-examination, however, Bressler appeared agitated by questions regarding the minutiae of Samsung's smartphone designs, and at one point said, ""you're asking me to compare peanut butter and turkey." The design expert contends design patents should be studied as a whole, not by separating them into small parts.

Apple v. Samsung continues today with testimony from original Mac graphic designer Susan Kare and chair of the Department of Marketing at New York University's Stern School of Business Russell Winer.