The US starts checking patents related to smart watches, threatens to ban sales

The US International Trade Commission (ITC) has officially launched a new patent investigation into the fall detection function of wearable devices, focusing on smartwatches led by the Apple Watch models. The process was launched after a filing by Texas-based company UnaliWear, and its reach goes far beyond just Apple.

The investigation doesn’t just affect the Apple Watch. Although the public is mostly talking about Apple Watch devices, the subject of the investigation includes all electronic watches and associated components that have the ability to detect the user’s fall. This practically means that the products of other major manufacturers, including Samsung, Google and Garmin, could also be under investigation. UnaliWear claims that several wearable devices infringe on its patents related specifically to fall detection algorithms and methods.

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Apple Watch under patent pressure again

UnaliWear asked ITC for two key measures. The first is the ban on the import of disputed devices into the territory of the United States of America, while the second refers to the ban on the sale of already imported products on the American market. If the ITC were to accept these requests, the situation could be reminiscent of the earlier case with the Masimo company, when the Apple Watch was temporarily banned in the US due to patents related to blood oxygen measurement.

According to ITC documents, all manufacturers covered by the investigation have 20 days to officially respond to the allegations in the report. Otherwise, they risk a judgment due to lack of response, whereby the administrative judge and the commission could accept the allegations of the lawsuit without an additional hearing and issue temporary or final measures prohibiting importation and sale.

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This is not the first time that the Apple Watch has faced serious patent issues in the area of ​​health and medical functions. The previous ruling in favor of Masim has already shown how serious ITC decisions can be, even for the biggest technology companies. Although Apple later managed to mitigate the consequences of that ban, the new action shows that legal challenges for wearable devices are still far from over.

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