Overview

• Fintiv’s August 7 complaint alleges Apple misused NDAs in 2011–2012 to acquire CorFire’s mobile wallet technology, hired away key employees and launched Apple Pay using those trade secrets in 2014.
• The lawsuit accuses Apple of violating federal and Georgia RICO statutes as well as trade secret laws by operating an “informal racketeering enterprise” that generates billions in fees for banks like Bank of America and payment networks such as Visa.
• Earlier this week, a Texas judge ruled Apple did not infringe Fintiv’s patents and granted dismissal of the remaining claims, prompting Fintiv to pivot from patent to trade secret and racketeering allegations.
• Apple has publicly rejected the new claims as baseless and a distraction from its failed patent litigation, asserting that Apple Pay was developed independently to ensure user privacy and security.
• The case is now in early pretrial in the Northern District of Georgia, with both sides preparing briefs and discovery ahead of initial hearings.