Omni MedSci, a Michigan company, filed a five-count patent lawsuit against Apple in Eastern Texas on Friday. The lawsuit alleges that all Apple Watch models infringe on their four patents. One patent of theirs that was initially granted in 2016, two years after Apple launched Apple Watch.  The original Apple Watch introduced a heart-rate sensor and Apple's clear intent was to advance health related sensors over time.

Interestingly Omni MedSci's second granted patent that was issued in February 2018 for the same invention, suddenly included new patent claims related to next-gen wearable devices. Patent claim #2 added: "wherein the measurement device is adapted to be placed on a wrist of a user." Patent claim #3 added: "wherein the measurement device is adapted to be placed on an ear of a user."

How convenient was that considering the initial patent was about "dental caries," and reflected as such in the title of the patent: "Short-wave infrared super-continuum lasers for early detection of dental caries," and not smart wearable devices. This was a convenient afterthought.

It would seem that the company was tailoring their granted patent for wearables all of a sudden after meeting and emailing Apple to make their technology appear to have been originally related to wearable devices for the sake of a lawsuit.

Background Facts In-Part

In Omni MedSci's court filing they listed their version of the background facts. The following represents their background facts in-part as follows:

"Between June 2014 and July 2016, Dr. Islam had a series of meetings and email exchanges with Apple personnel regarding the technology underlying his then-pending patent applications, including the now-issued Patents-in-Suit. In those exchanges, Apple was offered the opportunity to license or acquire Omni MedSci's patented and patent-pending technology, but Apple declined.

On June 11-12, 2014, Dr. Islam met with Apple employees Drs. Michael O'Reilly and Michael Hillman in Cupertino, California to discuss Omni MedSci's then patent-pending technology.

Dr. Hillman then arranged for a meeting with Dr. Islam and approximately ten Apple employees in Cupertino, California to discuss technical details of Omni MedSci's then patent-pending technology. The meeting took place at Apple on February 5, 2015.

On July 14, 2016, Apple employee Greg Joswiak emailed Dr. Islam inviting him to provide additional information about his technology. Mr. Joswiak indicated that he would share the information with his team at Apple.

Four days later, Apple employees Drs. Ed Hull and Shonn Hendee arranged a meeting with Dr. Islam and approximately ten Apple employees in Cupertino, California to discuss technical details of Omni MedSci's then patent-pending technology. The meeting took place at Apple on July 18, 2016. At the meeting, Dr. Islam shared the published patent application for the '533 patent and the published parent patent applications for the '698, '040 and '286 patents.

Dr. Islam continued to correspond with Apple employees regarding the status of his pending patent applications and technological development. On December 21, 2017, Dr. Islam emailed Drs. O'Reilly, Hull, and Hendee identifying the issued '533 and '040 patents, and enclosing copies of the allowed claims for the '268 and '698 patents. In response, Dr. O'Reilly emailed Dr. Islam stating, "We [Apple] don't wish to receive any information about any of your IP [Intellectual Property]."

As of December 21, 2017, Apple knew the claim scope of all four of the Patents in-Suit."

The company later in notes in their filing: "On information and belief, Apple has made and sold several models of its Apple Watch product, including, for example, "Series 1," "Series 2," "Series 3 GPS," and "Series 3 GPS + Cellular" watches. Omni MedSci asserts infringement by all models, including the models sold to date and models sold in the future, which are covered by the claims of the Patents-in-Suit (collectively, "Watches")."

The five-count lawsuit presented in full below, courtesy of Patently Apple, lists four patents that Apple has allegedly infringed. Their fifth count is for 'Willful Infringement.'   

Omni MedSci, Inc Files Patent Infringement Lawsuit Against Apple - Filed April 06, 2018. SCRIBD document created by Jack Purcher, Patently Apple

The patent infringement case presented in today's report was filed in the Texas Eastern District Court, Marshall Office on April 6, 2018. The Presiding Judge in this case is noted as being Judge Robert W. Schroeder.

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