Biometric Sensor Company Valencell Accuses Apple of Stealing Technology for Apple Watch

Biometric sensor company Valencell today filed a lawsuit against Apple (via AppleInsider), accusing the Cupertino-based company of patent infringement, deceptive trade practices, and breach of contract, all related to dealings Apple had with Valencell before the launch of the Apple Watch.

According to Valencell, Apple expressed interest in its PerformTek heart rate sensor technology starting in 2013, leading Valencell to believe Apple would license PerformTek technology for the Apple Watch's heart rate sensor. Apple met with Valencell in 2013 and late 2014 to discuss incorporating PerformTek-powered features into the Apple Watch and is said to have expressed "great interest" in Valencell's wrist-based heart rate-sensing technology.

applewatch
Valencell demonstrated a prototype PerformTek-powered watch in 2013 to 15 Apple employees and later sent Apple PerformTek products to test and examine in detail. Valencell believes Apple deceptively solicited technical information and know-how under the false pretense of a licensing agreement despite having no intention to actually license the technology. Furthermore, Valencell accuses Apple of deciding it was more financially beneficial to risk infringing on Valencell's patents than to license them.

Apple did not have an intention of licensing Valencell's PerformTek Technology. Instead, Apple's interaction with Valencell was fueled by a business decision that the benefits of infringing upon Valencell's patented technology outweigh the risk of being caught and ultimately forced to pay damages. This practice is consistent with the statement by Apple CEO Steve Jobs that Apple has "always been shameless about stealing great ideas."

Valencell believes the Apple Watch infringes on four of its patents, all related to heart rate sensing technology. Valencell is suing for patent infringement, the aforementioned deceptive trade practices, and breach of contract related to some Valencell white papers Apple employees downloaded from Valencell's website using fictitious names and data.

Valencell is requesting a preliminary and permanent injunction preventing future acts of infringement, along with damages and an ongoing reasonable royalty rate for licensing purposes should a permanent injunction not be granted. Valencell has also filed a similar lawsuit against Fitbit.

Top Rated Comments

rodpascoe Avatar
70 months ago
Clearly Apple stole their technology,. They have done this before with Xerox and countless other companies.
Now let Apple apologists, defend Apple
"clearly Apple stole their tech" You know this how? From a few paragraphs on this site?

Do you sit on either companies board? Have you torn down both devices and come to that conclusion?

I'm not as you suggest being an Apple apologist - I don't know any more than anyone else reading this post but how people jump to these guilty/not guilty conclusions whilst knowing zip amazes me.
Score: 33 Votes (Like | Disagree)
Robert.Walter Avatar
70 months ago
Clearly Apple stole their technology,. They have done this before with Xerox and countless other companies.
Now let Apple apologists, defend Apple
Xerox bought a million bucks in Apple stock at a discount prior to the Apple IPO. As part of that deal, Xerox management allowed SJ to use anything he saw at PARC.
Score: 30 Votes (Like | Disagree)
cocky jeremy Avatar
70 months ago
Clearly Apple stole their technology,. They have done this before with Xerox and countless other companies.
Now let Apple apologists, defend Apple
Found the Android user.
Score: 19 Votes (Like | Disagree)
citysnaps Avatar
70 months ago
Clearly Apple stole their technology,. They have done this before with Xerox and countless other companies.
Now let Apple apologists, defend Apple
Clearly??? No. It's merely an allegation.
Score: 18 Votes (Like | Disagree)
OllyW Avatar
70 months ago
Then why not go after Fitbit and every other company that integrated heart rate monitors into wearables before the Apple Watch even existed?
They are going after Fitbit.

Valencell Files Patent Infringement Suit against Apple, Inc. and Fitbit, Inc. ('http://www.prnewswire.com/news-releases/valencell-files-patent-infringement-suit-against-apple-inc-and-fitbit-inc-300199025.html')
Score: 17 Votes (Like | Disagree)
Iconoclysm Avatar
70 months ago
Clearly Apple stole their technology,. They have done this before with Xerox and countless other companies.
Now let Apple apologists, defend Apple
Apple clearly stole this...yet you know so little about the Xerox PARC deal that you think Apple stole that too? FYI, Apple traded stock for Xerox's stuff, they willingly handed it over, and many employees at Apple at the time were from Xerox PARC to begin with. I don't know why people like yourself always speak as if you know what you're talking about then follow it up with "now defend that, apologists". You're flat out wrong, people are pointing it out, it might seem like defensiveness to you...because you're likely wrong all of the time considering the "facts" you just presented.
Score: 14 Votes (Like | Disagree)

Top Stories

tile sticker e1570533758981

Tile CEO: 'We Welcome Competition From Apple, But We Think It Needs to Be Fair'

Tuesday May 4, 2021 9:51 am PDT by
Just after Apple announced its AirTags, Tile CEO CJ Prober relayed his concerns about competing with Apple in the tracking space, and said that Tile would ask Congress to investigate Apple's business practices specific to Find My and item trackers. Prober this week did an interview with Bloomberg, where he further expanded on Tile's complaints about Apple and why he feels that Tile is...
signal instagram ads3

Signal Shares the Instagram Ads Facebook Doesn't Want You to See

Wednesday May 5, 2021 1:29 am PDT by
Encrypted messaging app Signal has had a series of Instagram ads blocked from the social media platform, after it attempted to show users how much data the Facebook-owned company collects about them and how it's used to push targeted ads. In a blog post, Signal described how it generated the ads to show users why they were seeing them, simply by declaring upfront the information that the...
tracking disabled ios 14 5

Analytics Suggest 96% of Users Leave App Tracking Disabled in iOS 14.5

Friday May 7, 2021 1:51 am PDT by
An early look at an ongoing analysis of Apple's App Tracking Transparency suggests that the vast majority of iPhone users are leaving app tracking disabled since the feature went live on April 26 with the release of iOS 14.5. According to the latest data from analytics firm Flurry, just 4% of iPhone users in the U.S. have actively chosen to opt into app tracking after updating their device...
fortnite apple logo 2

Epic CEO Tim Sweeney Admits App Store's 30% Cut Is Similar to Consoles, Would Have Accepted Special Deal With Apple

Tuesday May 4, 2021 1:54 pm PDT by
Apple's legal battle with Epic Games is continuing on, and during the second day of the trial, Epic Games' CEO Tim Sweeney continued his testimony against Apple. Sweeney was grilled by Apple's lawyers, and made several points seemingly favorable to Apple. In addition to mentioning how he prefers Apple's iPhone and values Apple's privacy policies that he's aiming to dismantle, Sweeney...
snapchat dark mode

Snapchat Rolls Out Dark Mode on iOS

Wednesday May 5, 2021 1:17 am PDT by
Nearly two years following the release of iOS and iPadOS 13, which included native, built-in, and systemwide dark mode, Snapchat, one of the world's most prominent social media networks, has finally rolled out a dark mode theme for iOS users. Snapchat began testing a dark mode theme of its app design late last year with a small group of iOS users. Now, Snapchat says that as of this week, it...
netflix sign up

Apple Discussed 'Punitive Measures' Against Netflix for Dropping In-App Purchases

Wednesday May 5, 2021 11:03 am PDT by
As the Epic Games v. Apple trial progresses into its third day, Apple's internal documents and communications with various companies are continuing to surface, giving us some insight into the dealings that Apple has had around the App Store. Back in December 2018, Netflix stopped offering in-app subscription options for new or resubscribing members and instead began requiring them to sign up ...
iphone 12 preorder purple

Apple Begins Transition to Randomized Serial Numbers With Purple iPhone 12

Wednesday May 5, 2021 9:17 am PDT by
MacRumors previously reported about Apple's plan to switch to randomized serial numbers for future products starting in early 2021, and this transition has now started with the new purple iPhone 12 model in multiple countries. With assistance from Aaron Zollo, host of the YouTube channel ZolloTech, we can confirm that the purple iPhone 12 released last month has a new 10-character serial...
airtag 1

AirTag Anti-Stalking Measures 'Just Aren't Sufficient' Says Washington Post Report

Wednesday May 5, 2021 6:03 pm PDT by
The safeguards that Apple built into AirTags to prevent them from being used to track someone "just aren't sufficient," The Washington Post's Geoffrey Fowler said today in a report investigating how AirTags can be used for covert stalking. Fowler planted an AirTag on himself and teamed up with a colleague to be pretend stalked, and he came to the conclusion that the AirTags are a "new means...
iphone 13 pro max dummy notch

iPhone 13 Pro Max Dummy Model Depicts Smaller Notch

Tuesday May 4, 2021 1:08 pm PDT by
Apple's iPhone 13 models are expected to feature a slimmed down notch, marking the first major change to the TrueDepth camera system since it was introduced in the 2017 iPhone X. We're still months away from the launch of the iPhone 13, but Lewis Hilsenteger of Unbox Therapy managed to get an iPhone 13 Pro Max dummy model that represents what we can expect from the new 2021 device. Dummy...
iPad Pro July Shipping

12.9-Inch iPad Pro Now Delivers as Late as Mid-July

Wednesday May 5, 2021 7:10 am PDT by
While the new 12.9-inch iPad Pro is set to launch in the second half of May, orders placed today are estimated for delivery as late as mid-July on Apple's online store in the United States — some two months later. The new 11-inch iPad Pro is faring better so far, with some configurations available for delivery in the last week of May. The new 12.9-inch iPad Pro features a Liquid Retina XDR ...