Smartflash is suing the US Patent Office for fraud as part of the ongoing investigation against Apple

2023-10-31 16:16:19

London (ots/PRNewswire) – Patrick Racz, founder and inventor of Smartflash, has announced a lawsuit by Smartflash against the United States Patent and Trademark Office (USPTO) related to Smartflash’s ongoing civil RICO investigation against Apple.

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law that allows for the prosecution of individuals and organizations that engage in illegal activities as part of a larger criminal enterprise.

In 2015, Racz won a stunning victory against Apple in court, winning an initial jury verdict of $533 million for willful breach of contract. The key arguments and findings of the case, namely that Apple infringed the technology and incited others to infringe the technology, remain intact to this day.

From 2015 to 2018, Racz was then forced to file a series of costly appeals in various jurisdictions, including 48 individual cases before the Patent Trial Appeal Board (PTAB), where the judges’ panels were filled with former lawyers for defendants, including Apple .

“We have fought the U.S. Patent Office tooth and nail for the past three years to obtain copies of numerous unredacted emails and documents to which we are fully entitled, but we have been left with no choice but to sue them, ” stated Racz. “We are committed to protecting our intellectual property and will not rest until justice is served.”

The lawsuit alleges that the USPTO withheld several unredacted documents requested by Smartflash under the Freedom of Information Act (FOIA). This was part of a “pattern or practice” that improperly delayed Smartflash’s access to relevant government records and prevented Smartflash from continuing its multi-year investigation into PTAB board manipulation and board appointments and evidence of how Smartflash was dealt with at the USPTO, and how the USPTO erroneously invoked the deliberative privilege when none existed.

The complaint explains why the PTAB’s withholding of documents relating to these cases is a matter of great public importance. In addition, Judge Gorsuch’s opinion is echoed by the Supreme Court in United States gegen Arthrex, Inc., 141 S. Ct. 1970, 1993 (2021), citing the Apple v. Smartflash cases at the PTAB, in which former Apple patent defender Matt Clements presided over cases involving his former employer, Apple.

For further information or an interview request, please contact [e-mail] or call Charles Carroll on [phone].

Further information about the campaign can be found at www.patrickracz.com

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