On July 25, 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.
Download the filing from the court here: Amended Complaint or download entire motion from BJC here: Share File
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| G. Robert Blakey |
Max Sound's RICO attorney, Professor G. Robert Blakey 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
Read more: Professor Blakey Bio and CV
"We continue to pursue claims to seek justice for all inventors who have been harmed by Google's standard pattern of bad practices," states John Blaisure, Max Sound's CEO.
The amended filing in the Motion for Leave alleges the following:
1. MISAPPROPRIATION OF TRADE SECRETS
2. BREACH OF CONTRACT (ISA/SOW)
3. DECLARATORY RELIEF
4. RACKETEERING (18 U.S.C. §§ 1961, et seq.)
Background of the Attia vs. Google case:
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 in 2011 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. Flux Factory is substantially funded and has grown according an interview with one if its founders to 800 employees.
Plaintiffs seek a permanent injunction against the defendants, punitive damages, and restitution.
About Professor G. Robert Blakey: George Robert Blakey is an American attorney and law professor. He is best known for his work in connection with drafting the Racketeer Influenced and Corrupt Organizations Act and for scholarship on that subject. Prof. Blakey has considerable expertise in federal and state wiretapping statutes as well. He helped draft and secure passage of Title III on wiretapping of the federal 1968 Crime Control Act, and has been personally involved in drafting and implementing wiretapping legislation in 39 of the 43 states that have enacted such laws."
Source and Full Article
Source and Full Article
Click Below to Read Full Complaint
https://drive.google.com/file/d/0Bzn2NurXrSkiQ1ZZMG9kLWRHTm8/view?usp=sharing
https://drive.google.com/file/d/0Bzn2NurXrSkiQ1ZZMG9kLWRHTm8/view?usp=sharing
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