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Tuesday, September 26, 2023

Apple and Fintiv to negotiate potential settlement of patent infringement claims for Apple Pay, Apple Wallet

Primetime Partners Chairperson Alan Patricof discusses expectations for the tech giants fiscal 2Q results and weighs in on the AI boom on The Claman Countdown. 

Apple and Fintiv are heading to a court-ordered settlement conference in an effort to potentially settle Fintiv’s claims that Apple infringed on its patents for technologies in its Apple Pay and Apple Wallet. 

An order issued by the U.S. District Court for the Western District of Texas calls for Fintiv to meet with Apple for a settlement conference on June 8, 2023. The conference would be the last step in the legal process before the case goes to trial, although the parties could still reach a settlement if a trial begins.

Fintiv initially filed the patent infringement lawsuit in federal court in December 2018 and the case was slated for a trial in 2022. However, the judge delayed the trial and reopened the discovery process. 

The suit alleges that Apple infringed directly and indirectly on Fintiv’s patent for technologies related to mobile wallet applications in its Apple Pay and Apple Wallet apps.


Apple logo on a building

Apple is headed to a settlement conference amid the patent infringement lawsuit it faces from Fintiv regarding Apple Pay and Apple Wallet features. (Brent Lewin/Bloomberg via Getty Images / Getty Images)

Fintiv, which was founded in 2010 as Mozido, Inc., is a financial technology firm that features a mobile cloud commerce platform that offers cloud payment services, loyalty programs and marketing campaigns. 

The company holds a number of patents related to those technologies in the U.S. as well as around the world.

Apple has faced a number of court challenges over the past year stemming from allegations it infringed on other companies’ patents.


Apple logo

Apple is also facing legal challenges related to patents used in Apple Watches. (AP Photo/Matthias Schrader / AP Newsroom)

In February, the U.S. International Trade Commission (ITC) announced a decision allowing a ban on imports of Apple Watches to be blocked due to Apple’s infringement of AliveCor’s patents for electrocardiogram (ECG) technologies in smartwatches. 

The Biden administration declined to intervene and block the import ban, although it remains on hold as the legal dispute between Apple and AliveCor as appeals processes play out in the ITC and the Patent and Trademark Office, which had previously held AliveCor’s patents were invalid.

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The ITC is also considering a potential import ban on Apple Watches due to Apple’s alleged infringement of Masimo Corp.’s patents for pulse oximeter technology used in smartwatches to gauge blood oxygen levels. An initial ruling by the ITC came down in favor of Masimo in January, although the dispute process is ongoing. 

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