ITC opens patent investigation over Apple Watch fallout discovery

The investigation stems from a complaint filed by Texas company UnaliWear, and targets several other wearables. Here are the details.

ITC is looking at the Apple Watch again

In recent years, the Apple Watch has faced a number of patent challenges related to health and medical features, including disputes with AliveCor and Masimo.

Masimo’s dispute even led to a ban on the importation of the Apple Watch into the US, following a decision by the International Trade Commission (ITC) which found that Apple had infringed Masimo’s blood pressure monitoring patents.

Apple was later able to reverse the ban, although the dispute is still ongoing.

Now, a new company has filed a complaint with the ITC, in a case that is not limited to the Apple Watch, but also includes “electronic watches with the ability to detect when the user falls, and their components,” which means smart watches from Samsung, Google, and Garmin.

The lawsuit centers on the fall detection feature of the devices, which Texas company UnaliWear claims infringes multiple patents.

From the ITC Notice of Inquiry Center:

The complaint, as amended, alleges violation of section 337 based on the importation into the United States, importation sale, and sale within the United States after the importation of certain fall detection wearable devices and parts thereof in violation of certain claims of US Patent No. 10,051,410 (“the 410,39 Patent) of US 76” (“the ‘193 patent”). The complaint further alleges that the United States industry exists as required by applicable Federal Statute. The complainant requests that the Commission initiate an investigation and, after the investigation, issue an order of exclusion and rescission of the orders.

In other words, UnaliWear is requesting two important remedies from the ITC: a limited export order that would prevent the importation of the alleged devices, and cease and desist orders that would prevent the sale of infringing devices already in the United States.

If successful, this could lead to a ban similar to the one placed on the Apple Watch in Masimo’s case.

According to the ITC document, respondents now have 20 days to respond, or risk default judgment. Or, as the ITC puts it:

The defendant’s failure to file a timely response to each of the allegations in the complaint and in this notice may be deemed to be a waiver of the right to appear and contest the allegations in the complaint and this notice, and authorizing the administrative law judge and the Commission, without further notice to the defendant, to find the facts that should be as alleged in this complaint and a final judgment and final decision. result in the issuance of an exclusion order or a cease and desist order or both directed against the defendant.

9to5Mac has reached out to Apple for comment and will update the post when asked.

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