Omni MedSci, Inc. has filed a third case against Apple (4:20-cv-00563), targeting the Watch with a patent—generally related to measuring “physiological parameters” with a “wearable device” and a smartphone or tablet—that issued on December 31, 2019. Series 3 and Series 5 versions are accused of infringement. Omni MedSci filed the new case in the Northern District of California after its two prior cases were transferred there from the Eastern District of Texas. After transfer, Apple has sought to revisit denial of its Texas motion to dismiss, based on a challenge to Omni MedSci’s standing to bring suit in light of an employment agreement between sole named inventor, professor Mohammed N. Islam, and the University of Michigan.
Omni MedSci, Inc. has filed a second suit against Apple (2:18-cv-00134), asserting three patents from the family already at issue in the April case. The patents generally relate to a “personal device”/wearable using “optical beams”/“near infrared lasers” for measurement, with the NPE targeting the Apple Watch, alleged to measure heart rate using semiconductor LEDs. In April, Omni MedSci asserted four patents from the family, calling out several Watch models, including Series 1, Series 2, Series 3 GPS, and Series 3 GPS + Cellular watches. In the new complaint, Omni MedSci targets those models—together with the Series 4, released in September 2018—with two of the patents already in suit and with the newest family member, just issuing to Omni MedSci on October 16.