The point you need to argue is that the Samsung phone in fact being bigger is relevant to the discussion of whether the design was copied, and I think that's all Apple is trying to show in the picture.
By resizing they indicate that the devices are more similar than they actually are. I don't even think a note that says the Samsung device is resized would be acceptable, they should simply make a fair comparison.
I have been defending Apple on this till now even after the first doctored photo debacle. No more, no way. They are in the wrong without question.