The investigation stems from a complaint filed by Texas-based UnaliWear and targets several other wearable devices. Here are the details.
ITC takes another look at the Apple Watch
In recent years, the Apple Watch has faced numerous patent challenges related to health and medical features, including disputes with AliveCor and Masimo.
The dispute with Masimo even led to a ban on imports of the Apple Watch into the US after the International Trade Commission (ITC) ruled that Apple had infringed Masimo’s blood oxygen monitoring patents.
Apple was later able to lift the ban, although the dispute continues.
Now the 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 a fall detection function and their components”, which effectively means smartwatches from Samsung, Google and Garmin.
The case centers on the drop detection feature of these devices, which Texas-based company UnaliWear claims infringes several patents.
From the ITC’s announcement of the investigation:
The Amended Complaint alleges Section 337 violations related to the importation into the United States, sale for importation, and sale after importation into the United States of certain wearable fall detection devices and components thereof for infringing certain claims of U.S. Patent No. 10,051,410 (the ‘410 Patent) and U.S. Patent No. 10,687,193 (the ‘193″). The complaint further alleges that an industry exists in the United States as required by applicable federal law. The applicant requests that the Commission initiate an investigation and, based on the investigation, issue a limited exclusion order and cease and desist orders.
In other words, UnaliWear is seeking two key remedies from the ITC: a limited exemption order barring the importation of the accused devices, and orders to cease and desist from selling the infringing devices already in the United States.
If successful, it could lead to a ban similar to the Apple Watch ban in the Massimo dispute.
According to the ITC filing, the defendants now have 20 days to respond or risk a default judgment. Or, as the ITC put it:
Failure by Respondent to file a timely response to any allegations in the Complaint and this Notice may be deemed a waiver of the right to appear and contest the allegations in the Complaint and this Notice and authorize the Administrative Law Judge and the Commission, without notice to the Respondent, to determine that the facts meet the requirements set forth in the Complaint and this Notice and to enter an initial and final judgment containing such findings and may result in an order of exceptions or a cease and desist order. withdrawal, or both, against the defendant.
9to5Mac has reached out to Apple for comment and will update the post when we hear back.
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