Apple has filed its response to Fintiv’s trade secret complaint over Apple Pay from August. The response comes not because Apple needed to meet a court deadline, but because Apple is trying to move the case along.
Despite Fintiv initiating the complaint two months ago, the company hasn’t actually served Apple, which would set the case in motion. Apple tells 9to5Mac that Fintiv is simply delaying and avoiding having its frivolous and meritless case tried in court.
For context up to this point, see these stories:
Right place, right judge
Now, as Fintiv stalls, Apple’s response makes several key points.
First, Apple points out that it pushed to move Fintiv’s patent case to California, but Fintiv insisted that the Western District of Texas was “the right place” and Judge Alan Albright was “the right judge” for the case.
Apple’s response basically argues that Fintiv should not be allowed to suddenly select an unrelated district for its trade secret complaint after an unsuccessful bid to profit off Apple Pay in a district and court of its choosing in Texas.
Reasons to dismiss the case
Next, Apple argues that regardless of district and judge, Fintiv’s new claims should be dismissed for three reasons:
Fintiv’s claims under the federal and Georgia trade secrets laws, as well as federal racketeering law, are barred because the company had known the underlying facts since 2014 but waited until August 2025 to sue after losing its patent case.
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