ImmerVision, located in Montreal, is world leading developer of advanced vision systems combining optics, image processing, and sensor fusion technology. The company has filed a patent infringement lawsuit against Apple.

The court document begins by noting that plaintiff ImmerVision is the worldwide leader in wide angle imaging. ImmerVision licenses its patented optical and software technology to global lens producers, product manufacturers and software developers for wide angle panomorphic lenses, imaging, and solutions.

The formal complaint before the court further reads that “On June 5, 2019, Jocelyn Parent, Simon Thibault, Patrice Roulet, Hu Zhang, Pascale Nini, and Pierre Konen (“the Inventors”) filed U.S. Patent Application No. 16/432,180 (“the ‘180 Application”) entitled “Miniature Wide-Angle Imaging Lens.”

The ‘180 Application claims priority to U.S. Patent Application No. 15/384,900,

filed December 20, 2016; U.S. Provisional Patent Application No. 62/298,795, filed February 23, 2016; and U.S. Provisional Patent Application No. 62/387,409, filed December 23, 2015. 11. In January 2017, the Inventors assigned their interest in and to Application No. 15/384,900 and all divisionals, continuations, substitutes, renewals, reissues, and reexaminations thereof and any patents that issued therefrom (including the ‘180 Application) to ImmerVision and the assignment was recorded in the United States Patent and Trademark Office (“PTO”) on June 7, 2019.  

On October 6, 2020, the ‘120 Patent was issued by the PTO based on the ‘180 Application. A true and correct copy of the ‘120 Patent is attached hereto as Exhibit A and is incorporated by reference as if fully set forth herein.

The ‘120 Patent is valid and enforceable. The term of the ‘120 Patent will expire on or about December 20, 2036.

Plaintiff ImmerVision possesses all rights of recovery under the ‘120 Patent, including the right to sue for infringement, recourse for damages, and to seek injunctive relief.

On November 3, 2021, ImmerVision filed Civil Action No. 1:21-cv-01570-MN-CJB in this District (“the 1570 Action”), asserting Apple’s infringement of the ‘120 Patent through the manufacture, use, sale, or offer for sale of its iPhone 13 products, among others.

On or about September 16, 2022, Apple released the iPhone 14 and 14 Plus products, which, on information and belief, contain the same ultra-wide lens assembly as found in the iPhone 13 products and which were accused of reading on the claims of the ‘120 Patent in the 1570 Action.

On September 16, 2022, ImmerVision supplemented its Identification of Accused Products in the 1570 Action, notifying Apple of its accusation that the iPhone 14 and 14 Plus products infringe the ‘120 Patent.

On November 1, 2022, ImmerVision served its Infringement Contentions in the 1570 Action, detailing infringement of claims 1, 3-5, and 7 of the ‘120 Patent by the iPhones 13, 14, and 14 Plus, among others.

On May 10, 2023, counsel for ImmerVision emailed counsel for Apple regarding a proposed Supplemental Complaint in the 1570 Action to assert willful infringement. This email contained as attachments claim charts that detail infringement of claim 1, 3-5, and 7 of the ‘120 Patent by the iPhone 14, 14 Plus, 14 Pro, and 14 Pro Max.

On May 19, 2023, ImmerVision filed a motion for leave to file the proposed Supplemental Complaint referred to in the prior paragraph.

Through at least the events described in paragraphs 15-20 above, Apple has knowledge of the ‘120 Patent and its infringement thereof since at least November 3, 2021; knowledge of the iPhone 14 and 14 Plus reading on the claims of the ‘120 Patent since at least September 16, 2022; and knowledge of the iPhone 14 Pro and 14 Pro Max reading on the claims of the ‘120 Patent since at least May 10, 2023.

With that knowledge, Apple continued to develop and release new products having the same infringing components.

The deadline to identify new Accused Products in the 1570 Action passed on August 24, 2023.

On September 12, 2023, Apple announced, on its website and elsewhere, the impending release of the iPhones 15, 15 Plus, 15 Pro, and 15 Pro Max.

Upon information and belief, including through information available on Apple’s website, the iPhones 15 and 15 Plus contain the same ultra-wide lens and camera assembly as found in the iPhones 14 and 14 Plus.

Upon information and belief, including through information available on Apple’s website, the iPhones 15 Pro and 15 Pro Max contain the same ultra-wide lens and camera assembly as found in the iPhones 14 Pro and 14 Pro Max.

Upon information and belief, since at least September 15, 2023, Defendant has been offering to sell the iPhones 15, 15 Plus, 15 Pro, and 15 Pro Max (“the Accused Products”), all of which read on at least claim 1 of the ‘120 Patent.

Upon information and belief starting at least as early as September 22, 2023, Defendant will be making, using, selling, and/or importing the Accused Products into the United States.”

The patent was oddly found at the U.S. Patent and Trademark Office under continuation Patent #202302363 titled “Miniature Wide-Angle Imaging Lens” filed under the inventors rather than the company name ImmerVision.

ImmerVision’s patent FIG. 3 below is third preferred embodiment of a miniature wide-angle lens with eight total lens elements.

For those interested, the company publicly lists all of their patents on this page.