According to reports, it seems that both Apple and Fitbit are currently being sued by a company called Valencell. The company alleges that both Apple and Fitbit are currently using unauthorized technology in their wearables, namely the Apple Watch, Fitbit Charge HR, and the Fitbit Surge.
However this seems to be more than just a case of both companies unknowingly using a patented technology. In fact Valencell claims that Apple had initially attempted to reach some kind of licensing deal but had failed to do so. The company later claims that IP addresses belonging to Apple had even downloaded white papers regarding the technology from Valencell’s website.
Valencell even claims that they had provided Apple with technical samples that were used for testing and analysis, but states that Apple decided that it would be more economically advantageous to take the risk of infringing upon their patents rather than license it properly. Apple has yet to comment on the lawsuit, but safe to say that Valencell’s accusations are rather damning.