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According to the press release, the complaint alleges that Apple approached Fintiv's predecessor CorFire between 2011 and 2012, and received confidential technical information under non-disclosure agreements (NDAs). Fintiv believed that Apple planned to license CorFire's mobile wallet technology, but said it instead stole the confidential information and later hired away key CorFire employees, before launching Apple Pay in 2014.
Could be that Apple abused an NDA, or that poached employees used patented or confidential information when they joined Apple, but... explain to me why it apparently took over a decade to figure this out?

Did this company not notice that Apple had poached their employees and launched a product that used their proprietary technology in 2014? I feel like if someone has a business for 11 years that processes several trillion dollars in payments, you could probably have worked out that they ripped you off a little sooner.

This isn't a trivial nuance; if the internet isn't lying to me, according to Texas (and California) law, a theft of trade secret claim must be made within 3 years of the theft being discovered, or within 3 years of when by exercise of reasonable due diligence it should have been discovered.

If we are to believe that Apple (or the employees they poached) stole this company's trade secrets in 2013, and released a wildly popular product with it in 2014, it seems utterly ridiculous to claim that it took this company until 2022 to realize they were stolen. If that legal info is at all accurate, even if Apple did do this, I don't understand how the lawsuit could go anywhere.

Fun fact: While criminal prosecution is not the same as civil lawsuits, if I commit bank fraud or embezzlement from a federal financial institution--major federal financial crimes--the statute of limitations is still only 10 years. And the Texas statute of limitations for theft is 5 years. So if I broke into this company and stole a million dollars from them back then, I couldn't be prosecuted for it today if this was the first they noticed.
 
Please read the article correctly before commenting.

This is a theft of trade secret not patent infringement.

As far as the article goes, it looks like Apple got CI under NDA and then poached key employees.

Whether that is true or even led to theft of trade secret remains to be seen.
Fair point! But yes we will shall see if accusations end up being true or not…
 
With card skimmers seemingly everywhere, Apple Pay has been my favorite part of owning an iPhone, hope this doesn't disrupt that.
 
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If the article is true...
It might be more accurate to say "If the press release is true..." as the article is largely just quoting allegations made by lawyers for the plaintiff, in the plaintiff's own press release; the article itself does not appear to express any opinions on the matter. I know it may seem like a pedantic distinction, but the question of who actually voiced a given opinion can be pretty important, especially in journalism.
 
With card skimmers seemingly everywhere, Apple Pay has been my favorite part of owning an iPhone, hope this doesn't disrupt that.
This is a fundamental part of the phone if it is found apple violated any agreements and is limited in selling phones with the feature and/or has to disable it there will be a massive class action as well
 
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Did you read the last paragraph of the article?

I did, yes. The article also notes that the filing isn’t in the court system yet, so we can’t be sure that it’s identical to the Texas one. It would be odd – though not unheard of – to file the exact same suit with the exact same evidence in a different court.

Still, it all goes to my original point, which is that we shouldn’t believe Apple did anything wrong legally or ethically until we see more. Anyone can make an accusation, not everyone can back it up.
 
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Another legal trouble for Apple. They seem to be never ending. Waiting to see what happens in this case.

Correct, they are never ending. They are never ending for most big tech companies. Once big enough you accidentally run afoul of other entities, legitimately or not. It’s why every big tech company has patent trial lawyers on retainer.

Maybe one day the tax payer will be willing to overhaul the US patent office so that less of our electronic’s cost goes to lawyers.
 
More than likely, Apple had already developed the technology before they spoke to Masimo.
This is Fintiv vs. Apple. Masimo is unrelated.

Maybe Apple did have some idea related to Apple Pay, but it doesn't sound like Apple had developed Apple Pay before talking to Fintiv.
 
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This is Fintiv vs. Apple. Masimo is unrelated.

Maybe Apple did have some idea related to Apple Pay, but it doesn't sound like Apple had developed Apple Pay before talking to Fintiv.
Software and hardware development takes time and effort. It is not like writing a webpage and hitting publish.
 
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