The investigation stems from a complaint filed by Texas-based company UnaliWear and involves several other wearable products. Here are the details:
ITC takes another look at Apple Watch
In recent years, the Apple Watch has faced multiple patent challenges related to health and medical features, including disputes with AliveCor and Masimo.
The Masimo dispute culminated in a U.S. ban on imports of the Apple Watch following an International Trade Commission (ITC) ruling that found Apple infringed on Masimo’s blood oxygen monitoring patent.
Apple was later able to lift the ban, but the dispute is still ongoing.
Now, a new company has filed a complaint with the ITC. The lawsuit is not limited to the Apple Watch, but also includes “electronic watches and their components that have the ability to detect when a user falls,” which actually means smartwatches from Samsung, Google, and Garmin.
The lawsuit centers on the fall detection capabilities of these devices, which Texas-based company UnaliWear claims infringes multiple patents.
From the ITC Investigative Agency Notice:
The Complaint, as supplemented, alleges violations of Section 337 based on the import into the United States, the sale for import, and subsequent sale within the United States of certain wearable devices with fall detection capabilities and their components, for infringement of certain claims of U.S. Pat. Patents”). The complaint further alleges that the United States has an industry required by applicable federal law. Complainant requests that the Commission initiate an investigation and issue a qualified exclusion order and a cease and desist order following the investigation.
In other words, UnaliWear is seeking two primary remedies from the ITC. One is a limited cease and desist order that prohibits the importation of the accused devices, and the other is a cease and desist order that prohibits the sale of infringing devices in the United States.
If successful, this could result in a ban similar to the one imposed on the Apple Watch in the Masimo dispute.
Respondents must respond within 20 days or risk a default judgment, according to ITC documents. Or as the ITC puts it:
The failure of Respondent to file a timely response to each of the allegations in the Complaint and this Notice will be deemed a waiver of its right to appear and contest the allegations in the Complaint and this Notice and to authorize the administrative law judge and the Commission to make findings of the facts as alleged in the Complaint and this Notice without further notice to Respondent and to make initial and final determinations including such findings, which may result in the issuance of an exclusion order or a cease-and-desist order. A restraining order against the suspect, or both.
9to5Mac has reached out to Apple for comment and will update this article if we hear back.
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