A new patent lawsuit has been filed against Apple. A biometric sensor company named Valencell claims that Apple infringed on four of their patents and used deceptive business practices for use in the Apple Watch. Valencell's lawsuit stipulates that Apple entered into talks with the company to get a demonstration and sample of their biometric sensor technology. In 2013 and 2014, Apple supposedly expressed "great interest" in their heart-rate sensor tech and discussed incorporating PerformTek-powered features in a future product.
Valencell has requested a preliminary and permanent injunction preventing future acts of infringement. They have also petitioned the court for damages and an ongoing reasonable royalty rate for patent licensing if a permanent injunction is not granted. Supposedly, Valencell demonstrated a prototype PerformTek-powered watch to Apple employees between 2013 and 2015, and Valencell even sent PerformTek products to Apple for testing and evaluation. Valencell contends that Apple intentionally and deceptively solicited technical information under the guise of a false licensing agreement with no intention to actually secure any licensing.
Valencell is suing for deceptive trade practices, patent infringement on four of their heart rate sensing tech patents, and for breach of contract related to white papers downloaded from Valencell's website by Apple employees using fictitious info.
It's going to be a steep hill to climb for Valencell to prove these allegations in court. We will keep an eye out for any further details on this messy affair.