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Evening Standard
Evening Standard
World
Tristan Kirk

Patrick Racz: British entrepreneur sues US Patent Office in legal battle with Apple

A British entrepreneur locked in a legal battle against tech giant Apple is now suing US officials for the release of documents he says have been wrongly kept secret.

Patrick Racz claims his ideas were stolen for the creation of iTunes, and he is now pursuing Apple for damages in a case valued at $18 billion.

The inventor, who is a benefactor at the Regent Sounds guitar shop on Denmark Street in London’s West End, insists he came up with the idea of a system to store music and charge for access and downloads.

Mr Racz originally made his fortune in the late 1980s with the invention of the three-way mixer water tap, a device now found in households around the world.

In the 1990s he turned his attention to the music industry and says he created Smartflash after predicting the explosion of illegal music downloading.

Britney Spears was lined up as a brand ambassador for Smartflash, but Mr Racz says his ideas were leaked and then stolen.

In 2015, he had a stunning court win against Apple when a jury awarded him $533 million for copyright infringement. That decision was, however, overturned on appeal.

Mr Racz has continued to pursue Apple, claiming his technology has been used in virtually every new Apple launch since 2003.

In April, the businessman announced the launch of a civil Racketeer Influenced and Corrupt Organizations Act (RICO) investigation into the company.

As part of that probe he has submitted a series of Freedom of Information requests, and is now suing the United States Patent and Trademark Office (USPTO) over its refusal to disclose documents.

“We have been fighting the US Patent Office tooth and nail for the past three years, to obtain copies of multiple unredacted emails and documents that we are fully entitled to receive but have been left with no choice other than suing them” said Mr Racz.

“We are committed to protecting our intellectual property and will not rest until justice has been served.”

He claims a “pattern or practice” of withholding unredacted documents requested under the Freedom Of Information Act, which it is said would be helpful in the legal case against Apple.

The case has been filed this week in the District Court in the District of Columbia, seeking a judge’s direction that the Freedom of Information rules have been breached and the documents should be disclosed.

Apple has fiercely defended itself in cases brought by Mr Racz and Smartflash. Apple has previously accused Smartflash of exploiting the patent system to seek royalties for technology Apple invented.

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