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11 July 2017Patents

Fitbit accused of basing products on infringed patents

Fitbit, which makes wearable technology for fitness, has been sued for patent infringement over use of motion sensing software in its products.

The complaint was filed at the US District Court for the Northern District of California on Monday, July 10.

California-based software company Immersion accused Fitbit of wilfully infringing three of its patents, causing “irreparable harm”.

The complaint relates to US patent numbers 8,059,105, 8,351,299 and 8,638,301, which all relate to software that sends notifications to the user devices based on their movement.

The complaint states that this includes examples like alerting a user when they have reached a certain amount of steps, or not taken enough in a set period of time.

“A significant aspect of Fitbit’s business is built around the infringement of Immersion’s patents,” Immersion stated in the complaint.

It added: "Fitbit’s infringement of the ’301 patent has been and continues to be wilful. Fitbit knew or should have known that it directly infringed and was causing others to directly infringe the patents in question."

Products that are alleged to infringe the patents include the Fitbit Blaze, a smart watch which tracks heart rate and provides on screen work-outs.

Immersion is seeking damages, attorneys’ fees, injunctive relief, mandatory future royalty payments if damages aren’t paid, and all other costs.

In response to the allegations, a Fitbit spokesperson said: "Fitbit believes the suit brought by Immersion has no merit. Since its inception, Fitbit has amassed more than 450 issued patents and patent applications. As the pioneer and leading global wearables brand, Fitbit has developed and delivered innovative product offerings to empower its more than 50 million registered users to lead healthier, more active lives.”

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Patents
30 January 2018   Technology companies Apple and Immersion have reached a global licensing deal as part of a settlement agreement that concludes all litigation between the companies.