Apple urged a U.S. federal judge to dismiss a racketeering lawsuit filed by a company that accused Apple of stealing its technology to develop the profitable mobile wallet Apple Pay.
In a filing submitted Monday night in Atlanta federal court, Apple argued that if the case was not dismissed, it should be transferred to a Texas judge who recently dismissed Fintiv’s related patent case.
Jonathan Stempel for Reuters:
Fintiv, based in Austin, Texas, accused Apple of misappropriating technology for Apple Pay that it had once sought to license from CorFire, a Georgia company that Fintiv bought in 2014.
Fintiv said the racketeering arose from Apple’s use of Apple Pay to generate fees for credit card issuers such as Bank of America, Capital One, Citigroup, JPMorgan Chase and Wells Fargo, and the payment networks American Express, Mastercard and Visa.
In seeking a dismissal, Apple said Fintiv waited too long to pursue most of its federal and state claims, having known the underlying facts since 2014, and failed to show a pattern of racketeering.
“The court should reject Fintiv’s attempt to revive its failed patent case in a new district with no connection to the facts,” Apple said.
Absent a dismissal, Apple said the case should be sent to U.S. District Judge Alan Albright in Waco, Texas, to promote efficiency, because he has spent nearly seven years overseeing the underlying dispute and is familiar with the facts and law.
MacDailyNews Take: Ah, the swiftly turning wheels of justice!
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