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
79 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
79 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
79 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
79 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
79 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
79 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)

Popular Stories

safari icon blue banner

Safari Bug Allows Websites to Track Your Recent Browsing Activity in Real Time [Updated]

Sunday January 16, 2022 3:37 pm PST by
A bug in WebKit's implementation of a JavaScript API called IndexedDB can reveal your recent browsing history and even your identity, according to a blog post shared on Friday by browser fingerprinting service FingerprintJS. In a nutshell, the bug allows any website that uses IndexedDB to access the names of IndexedDB databases generated by other websites during a user's browsing session....
iPhone 14 Mock pill and hole thumb

ProMotion Now Expected to Remain Exclusive to iPhone 14 Pro Models, Not Expand to Entire Lineup

Sunday January 16, 2022 8:56 am PST by
Continuing the tradition set with the iPhone 13 Pro, only the highest-end iPhone 14 models will feature Apple's ProMotion display technology, according to a respected display analyst. Ross Young, who on multiple occasions has detailed accurate information about Apple's future products, said in a tweet that ProMotion will not be expanded to the entire iPhone 14 lineup and will remain...
iPad Air Feature 2 green

New Apple Products Filed in Regulatory Database, Likely Including New iPhone SE and iPad Air

Tuesday January 18, 2022 6:11 am PST by
Apple today filed unreleased iPhone and iPad models in the Eurasian Economic Commission database, as spotted by French blog Consomac. The filings likely represent the rumored third-generation iPhone SE, fifth-generation iPad Air, and potentially more. The unreleased iPhone models have the identifiers A2595, A2783, and A2784, while the unreleased iPad models have the identifiers A2588, A2589, ...
AirPods 3 New Firmware Feature

Apple Updates AirPods 3 Firmware to Version 4C170

Tuesday January 18, 2022 11:46 am PST by
Apple today released a new 4C170 firmware update for the AirPods 3, an update from the prior 4C165 that was made available in December. Apple does not offer details on what's included in new firmware updates for the AirPods‌, so we don't know what improvements or bug fixes the new firmware brings. There is no standard way to upgrade the ‌AirPods‌‌ software, but firmware is...
iphone 5g mmwave

U.S. Airlines Warn of 'Catastrophic' Crisis With Impending 5G Rollout, AT&T and Verizon Agree to Delay Around Airports

Tuesday January 18, 2022 10:35 am PST by
Verizon and AT&T's upcoming rollout of new C-Band 5G technology could cause chaos and lead to widespread delays of passenger and cargo flights, major U.S. airlines said on Monday in a letter sent to the White House National Economic Council, the FAA, and the FCC (via Reuters). "Unless our major hubs are cleared to fly, the vast majority of the traveling and shipping public will essentially...
iphone se 2020 top

iPhone SE With Larger 5.7-Inch Display May Launch in 2023, 'iPhone SE+ 5G' Also Rumored

Monday January 17, 2022 6:46 am PST by
Apple is planning to release a fourth-generation iPhone SE with a larger 5.7-inch display as early as 2023, according to display industry consultant Ross Young, who has proven to be a reliable source of information for future Apple products. The fourth-generation iPhone SE has until now been rumored to launch in 2024, but Young now says a 2023 release is looking more likely....
tesla carplay solution

Developer Showcases Apple CarPlay Workaround for Teslas

Monday January 17, 2022 7:24 am PST by
A Tesla Model 3 owner has resorted to a workaround to implement Apple CarPlay in his vehicle, amid no sign of official support from Tesla (via Tesla North). Apple CarPlay and Apple Music support are among the most-requested Tesla features, but with no indication that Tesla is willing to implement Apple CarPlay in its vehicles, Polish developer Michał Gapiński took matters into his own...
ipad air 4 video

New iPad Air Rumored to Launch This Spring With A15 Chip, 5G, Center Stage Camera, and More

Saturday January 15, 2022 8:05 pm PST by
Apple is planning to release a fifth-generation iPad Air with similar features as the sixth-generation iPad mini, including an A15 Bionic chip, 12-megapixel Ultra Wide front camera with Center Stage support, 5G for cellular models, and Quad-LED True Tone flash, according to Japanese blog Mac Otakara. Citing reliables sources in China, the report claims that the new iPad Air could be...