Oct 28 (Reuters) - Apple ( AAPL ) urged a federal judge
to dismiss a racketeering lawsuit by a company that accused the
iPhone maker of stealing its technology to create the lucrative
mobile wallet Apple Pay.
In a Monday night filing in Atlanta federal court, Apple ( AAPL ) said if
the case is not dismissed, it should be transferred to a Texas
judge who recently dismissed Fintiv's related patent case.
Lawyers for Fintiv did not immediately respond on Tuesday to
requests for comment.
Fintiv, based in Austin, Texas, accused Apple ( AAPL ) of
misappropriating technology for Apple Pay that it had once
sought to license from CorFire, a Georgia company that Fintiv
bought in 2014.
Apple Pay is used in hundreds of millions of iPhones, iPads,
Apple Watches and MacBooks.
Fintiv said the racketeering arose from Apple's ( AAPL ) use of Apple
Pay to generate fees for credit card issuers such as Bank of
America ( BAC ), Capital One, Citigroup ( C/PN ), JPMorgan Chase ( JPM ) and Wells Fargo,
and the payment networks American Express, Mastercard ( MA ) and Visa.
In seeking a dismissal, Apple ( AAPL ) 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 ( AAPL ) said.
Absent a dismissal, Apple ( AAPL ) 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.
Fintiv is appealing Albright's August 4 dismissal of its
patent case.
Albright once oversaw nearly 25% of all U.S. patent cases, being
viewed as a favored judge for many plaintiffs suing large
technology companies such as Apple ( AAPL ).
That concentration ended in 2022 when new patent cases were
randomly farmed out to all judges in his district.
The case is Fintiv Inc v Apple Inc ( AAPL ), U.S. District Court,
Northern District of Georgia, No. 25-04413.