On October 4, 2017 the Superior Court of California issued its ORDER GRANTING the motion for leave to file a fourth amended complaint to add Racketeering Influenced and Corrupt Organization Act (RICO) pursuant to 18 U.S.C. §§ 1961, et seq. to this case. The fourth amended complaint is now deemed filed and served, and includes:
1. MISAPPROPTIATION OF Trade SecretS
2. breach of contract (isa/SOW)
3. DECLARATORY RELIEF
4. Racketeering (18 U.S.C. §§ 1961, et seq.)
Download the filing from the court here: Order
John Blaisure, Max Sound’s CEO says, “We are extremely pleased that the RICO claim will be added to this litigation because no one should be too big and powerful to avoid the consequences of being evil.”
Background of the Attia vs. Google case:
In July 2017, Law firm Buether Joe & Carpenter LLC filed a Fourth Amended Complaint against Defendants Google, Inc., Flux Factory, Inc., Larry Page, Sergey Brin, Sebastian Thrun, Eric "Astro" Teller, Michelle Kaufmann, Jennifer Carlile, Augusto Roman, Nicholas Chim, and DOES 1-100. The fourth amended filing is a Motion for Leave to add Racketeering Influenced and Corrupt Organization Act (RICO) pursuant to 18 U.S.C. §§ 1961, et seq.
In May 2014, MAXD entered into a representation agreement with world renowned architect Eli Attia giving MAXD the exclusive right to pursue claims on his behalf against violators of Attia’s intellectual property rights.
The lawsuit was filed on December 5, 2014, in the Superior Court of California, County of Santa Clara, against Google, its co-founders Sergey Brin and Larry Page, Google’s spinoff company Flux Factory, and senior executives of Flux alleging among other causes of action misappropriation of trade secrets and breach of contract. The lawsuit contends that Google and the other Defendants stole Mr. Attia’s trade secrets, proprietary information, and know-how regarding a revolutionary architecture design and building process that he alone had invented, known as Engineered Architecture which Google called Genie before it changed the name to Flux.
Defendants engaged Attia to translate his architectural technology into software for a proof of concept, based on decades of his life’s work with the goal of determining at that point whether to continue with full-scale development of Attia’s project. The lawsuit alleges that once Attia had disclosed the trade secrets and proprietary information which Google needed to bring the technology to market, they severed ties with Attia and continued to use his technology without a license and without compensation in order to bring the technology to market without him. Google valued the project at $120 billion dollars a year. Google later spun-out the business, and the new company was renamed Flux Factory which is substantially funded and has grown to 800 employees according to an interview with one if its founders.
Plaintiffs seek a permanent injunction against the defendants, punitive damages, and restitution.
About G. Robert Blakey: George Robert Blakey is an American attorney and law professor. He is the author and nation's foremost authority on the Racketeer Influenced and Corrupt Organization Act (RICO), teaches criminal law and procedure, federal criminal law and procedure, terrorism, and jurisprudence at Notre Dame Law School. Prof. Blakey's extensive legislative drafting experience resulted in the passage of the Crime Control Act of 1973, the Omnibus Crime Control Act of 1970 and the Organized Crime Control Act of 1970, Title IX of which is known as "RICO". He has been personally involved in drafting and implementing RICO-type legislation in 22 of the more than 30 states that have enacted racketeering laws. He frequently argues in or consults on cases involving RICO statutes at both the federal and state levels, including several cases before the United States Supreme Court. Read more: Professor Blakey Bio and CV.
About Buether Joe & Carpenter: Buether Joe & Carpenter, LLC is an intellectual property and commercial litigation boutique law firm focusing on patent, copyright, trademark, trade secret, and unfair competition lawsuits, as well as antitrust, contract and other business disputes for both plaintiffs and defendants. BJC offers clients the expertise of attorneys with decades of experience in handling complex litigation in an effective and efficient manner. For more information, visit www.bjciplaw.com.
About Christian, Smith & Jewell: Christian, Smith & Jewell (CSJ) stands out as a premier law firm in the Houston legal community. CSJ takes pride in handling tough cases, both large and small in state and federal courts across the United States and abroad. CSJ excels in all types of civil litigation, including shareholder and partnership disputes, stock fraud, commercial, oil and gas, real estate, lender liability/debtor litigation, loan work outs, director's liability litigation/arbitration, structured settlements, construction law, personal injury, and international arbitration/litigation. For more information, visit www.csj-law.com.
About Max Sound Corporation: As creators of the acclaimed MAX-D HD Audio, Max Sound can provide a better solution for Audio, Video and Data transmissions. Max Sound Corporation is the company that brings forth technologies for the betterment of our world, including being co-owners of the Optimized Data Transmission Technology patent portfolio. Max Sound®, MAXD® and MAX-D Audio Perfected® and HD Audio® are registered trademarks. All other trademarks are the property of their respective owners. To learn more about the MAX-D Technology, please visit http://maxd.audio.
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