Tech start-up accuses Apple Watches of patent infringement
Several of Apple’s watch products have been accused of patent infringement because of their heart rate monitoring system.
US-based Omni MedSci filed the complaint for patent infringement against Apple at the US District Court for the Eastern District of Texas Marshall Division on Friday, April 6.
Omni MedSci claimed that several of the Apple Watches, including the Series 1, Series 2, Series 3 GPS and Series 3 GPS + Cellular products, infringe its patents.
Technology start-up, Omni MedSci, alleged that it invented technology for using lasers in medical and other applications, including wearable devices. The lasers can detect and monitor physiological parameters such as the wearer’s heart rate and blood constituents.
The US Patent and Trademark Office issued patent numbers 9,651,533 and 9,757,040 in 2017; and 9,861,286 and 9,885,698 in 2018, which protect the technology.
The patents cover technology such as a wearable device for measuring physiological parameters, including a light source comprising a plurality of light emitting diodes (LEDs) which are configured to generate an output optical beam.
According to Mohammed Islam, founder and chief technology officer of Omni MedSci, in 2014 he had a series of meetings and email exchanges with Apple regarding his technology. At the time of those communications, the patent applications were still pending.
During the dialogue, Apple was allegedly offered the opportunity to license or acquire the technology, to which it declined.
According to the claim, Islam met Apple employee Greg Joswiak in 2016 to discuss information surrounding the technology, which Joswiak said he would share with his team at Apple.
Four days later, Islam met a further ten Apple employees to discuss technical details of the technology. Islam said he shared the published patent application for the ‘533 patent and the published parent patent applications for the ‘698, ‘040 and ‘286 patents.
“Dr Islam continued to correspond with Apple employees regarding the status of his pending patent applications and technological development,” said the claim.
In December 2017, he emailed Apple employees informing them that the ‘533 and ‘040 patents had been issued. He also enclosed copies of the accepted claims for the ‘268 and ‘698 patents.
An Apple employee reportedly responded by saying: “We [Apple] don’t wish to receive any information about any of your IP.”
Apple’s allegedly infringing watches are believed to be devices that measure a physiological parameter, predominately the wearer’s heart rate. The claim also said the products’ LEDs emit light that includes near-infrared wavelengths, the same as Omni MedSci’s technology.
The complaint stated that due to the meetings between Islam and Apple employees, Apple was aware of its infringement.
The plaintiff is seeking damages and Apple’s permanent enjoinment from further infringing the patents in suit.
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