Overview
- In a Monday night filing in Atlanta, Apple asked the court to throw out Fintiv’s racketeering and trade‑secret case or send it to Judge Alan Albright in the Western District of Texas.
- Apple argues Fintiv knew the core facts by 2014, making most federal and state claims time‑barred, and says the RICO counts do not plausibly allege an enterprise or a pattern of racketeering.
- Apple also contends the Georgia RICO claim is improper because it rests on conduct covered by Georgia’s trade‑secret statute.
- The case remains procedurally stalled because Fintiv has not yet served Apple with the complaint, according to recent reports.
- Apple says the trade‑secret theory repackages claims from Fintiv’s long‑running patent case that Judge Albright dismissed on August 4, which Fintiv is appealing, while Fintiv maintains Apple misused CorFire know‑how from 2011–2012 meetings and profited through Apple Pay’s issuer and network fees.