Apple's "bounced check" may lead to dismissal of German lawsuit against Samsung

Apple's
Here’s one of those weird stories that makes you shake your head and laugh. In German lawsuits it’s typical for the companies involved to place a bond with the court – the point of the bond is to make sure that if the plaintiff loses they are able to pay the court costs of the defendant. Apple of course has mountains of cash, but their improperly executed $280,000 bond may cause a German court to dismiss the entire case at Apple’s expense, forcing the Cupertino Crew to decide whether they want to start over from scratch, or move on.

There appear to be two problems with Apple’s bond. First, the signatures on the check, which was underwritten by Deutsche Bank, appear to have been signed by two individuals who don’t actually have the authority to sign it. Banks have a list of employees that are granted legal signatory powers – they can sign things that Deutsche Bank is legally obligated to. Obviously having signatures from other employees could invalidate the bond.

Second, and more seriously, Apple appears to have created wording authorizing the bond’s release that provides them with legal loopholes to avoid releasing the bond in certain cases where the court decisions was something of a tie, but where German law would still require Apple to cover Samsung’s court costs. Presiding Judge Andreas Voss expressed that the court was "unhappy" with Apple’s word-games, since German law is the sole arbiter of whether or not the bond is paid.

We should note that there’s no question that Apple could (and almost certainly would) pay the bond if the court requires them to. But the laws are in place for a reason, and Apple being the biggest company in the world doesn’t entitle them to special treatment. Having the wrong employees sign the bond is probably a mistake of Deutsche Bank, and Apple should rightly be upset if their case is thrown out due to that.

But given the comments by Judge Voss, Apple’s lawyers may have created a larger problem by trying to introduce wording that would “protect” Apple’s interests; after all, it isn’t up to Apple whether or not they pay out the bond, it’s up to the court. Adding weasel words that appear to modify the conditions under which the bond can be released seems to be nothing but an act of hubris on the part of Apple’s lawyers, and moreover one that could be quite costly – the case now stands a good chance at being dismissed without prejudice over the bad bond.

If that happens Apple will be free to sue Samsung again using the same patents, but they will be starting over from scratch, and any near-term leverage Apple hoped to gain over Samsung would be gone. We’ll be watching to see how this turns out, but either way it demonstrates that in the high-stakes mobile patent wars, anything can happen.

source: FOSS Patents

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24 Comments

1. itiswhatitis

Posts: 423; Member since: Jan 23, 2012

I won't be surprised if Apple sues Deutsche Bank if the case get dismissed

2. bvalde09

Posts: 191; Member since: Nov 22, 2011

And they will loss. I mean isnt the bank fault. LOL but your are right apple most likely will sue :D

4. groupsacc

Posts: 232; Member since: Feb 28, 2012

This probably is the worst English paragraph that has ever been constructed in the history of mankind. Your ESL teacher would be ashamed of you.

11. crysiswarmonger

Posts: 81; Member since: Feb 06, 2012

Shhhh... He is the one who signed the check.

22. bvalde09

Posts: 191; Member since: Nov 22, 2011

Shhhhhh Its top secret. XD

17. ivanko34

Posts: 617; Member since: Sep 04, 2011

its not english its deutch-american for me i understand and i like the way its wrritttten

18. jmoita2

Posts: 930; Member since: Dec 23, 2011

Aber wunderbar!!! Sind Sie aus Deutschland? Und dein English ist gut genug.

23. bvalde09

Posts: 191; Member since: Nov 22, 2011

No Im not from German but I live there like 2 Years. But thanks for the comment Thumbs up for you

6. remixfa

Posts: 14605; Member since: Dec 19, 2008

thats IF its DB's fault. There isnt any proof either way really. Only Apple and DB know what happened there.

20. ZEUS.the.thunder.god unregistered

wow... now thats magical..!!!

3. PackMan

Posts: 277; Member since: Mar 09, 2012

Ha ha, serves you right icRaapple , hope you have to start again and then lose. It would make my day.

5. REYNER

Posts: 187; Member since: Feb 10, 2012

im pretty sure apple would sue the bank for the bouncing check, sue themselves for getting a bouncing check, and sue the judge if she/he dismiss the case... troll!! hahahaha! LOL!! xD

7. darth8ball

Posts: 520; Member since: Aug 02, 2011

But the laws are in place for a reason, and Apple being the biggest company in the world doesn’t entitle them to special treatment First off Apple isn't the biggest company in the world, secondly, Apple lawyers must be huge narsissistic meglomaniacs like the late Steve Jobs to try to get away with that crap. Sorry Apple try try again. HaHa

13. Scott_H

Posts: 167; Member since: Oct 28, 2011

There are a lot of ways to measure the "size" of a company, but market cap is one common measure and Apple is currently ahead of Exxon there.

8. remixfa

Posts: 14605; Member since: Dec 19, 2008

regardless of whos right or wrong, if the court case gets thrown out for a bounced check by the company with the worlds deepest pockets, i will laugh from the irony.

9. darth8ball

Posts: 520; Member since: Aug 02, 2011

I think 'bounced check' is a pretty poor choice of words by the author in this story. improperly written check, or 'bad' check, invalid check all of these would decribe the situation better then 'bounced check'

16. Scott_H

Posts: 167; Member since: Oct 28, 2011

Bounced check is only used in the title, and it's in quotes - it's described as an improperly executed bond everywhere else.

10. mas11

Posts: 1034; Member since: Mar 30, 2012

Haha only Apple could mange to bounce a check even thought they make insane amounts of money each year.

12. networkdood

Posts: 6330; Member since: Mar 31, 2010

Taco is lurking....

15. ivanko34

Posts: 617; Member since: Sep 04, 2011

Taco's red thumbs lol

14. rnk.khch

Posts: 86; Member since: Jan 30, 2012

One again apple liers are at work here to continue their long history of deceitfulness. They think they can trick everybody forever, sell garbage, and fill their pockets with cash.

19. Mandroid

Posts: 209; Member since: Feb 22, 2012

LMAO, awesome!

21. darktranquillity

Posts: 285; Member since: Feb 28, 2012

Ha ha, the moron's at apple trying to fool the judicial system with words!!:-D.

24. DrewVL

Posts: 15; Member since: Jan 13, 2010

hahahaha I almost fall off my desk after reading this LOL

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