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SECURITIES AND EXCHANGE COMM'N v. GENAUDIO INC.

No. 19-1454, No. 19-1455.

32 F.4th 902 (2022)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. GENAUDIO INC., Defendant-Appellant, and Taj Jerry Mahabub, Defendant. Securities and Exchange Commission, Plaintiff-Appellee, v. Taj Jerry Mahabub, Defendant-Appellant, and GenAudio Inc., Defendant.

United States Court of Appeals, Tenth Circuit.

FILED April 26, 2022.

Attorney(s) appearing for the Case

David J. Aveni , Wilson Elser Moskowitz Edelman & Dicker LLP, San Diego, California, for Defendant-Appellant GenAudio, Inc.

Andrew Bryan Holmes , Holmes, Taylor, Cowan & Jones, Los Angeles, California ( David J. Aveni , Wilson Elser Moskowitz Edelman & Dicker LLP, San Diego, California, on the briefs), for Defendant-Appellant Taj Jerry Mahabub.

Emily True Parise , Senior Counsel ( Robert B. Stebbins , General Counsel and John W. Avery , Deputy Solicitor, with her on the brief), Securities and Exchange Commission, Washington, D.C., for Plaintiff-Appellee.

Before HOLMES, KELLY, and CARSON, Circuit Judges.

Taj Jerry Mahabub, founder and Chief Executive Officer ("CEO") of GenAudio, Inc. ("GenAudio")—whom we collectively refer to as "Appellants"—attempted to secure a software licensing deal with a well-known technology company, Apple, Inc. ("Apple"). It was Mr. Mahabub's goal to integrate GenAudio's three-dimensional...

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