(credit: Megan Geuss)

Wearable technology company Valencell has sued both Apple and Fitbit, saying the two companies’ devices infringe on various Valencell patents.
In the Apple complaint (PDF), Valencell says that the Apple Watch infringes its patents, and the company also adds some unusual breach of contract claims. Valencell lawyers say that Apple employees downloaded white papers from the Valencell website. The white papers are publicly available, but they require a user to enter contact information before receiving the papers. Valencell says that “Apple breached this contract by not providing the organization, name, and email address of the recipient.”
Valencell was able to capture several IP addresses from visitors who got the white papers and link them to Apple. The breach of contract claims say that white papers were downloaded to Apple IP addresses in March 2013, March 2014, and April of 2015. The paper allegedly downloaded in 2013 was called “PerformTek Precision Biometrics: Engaging the Burgeoning Mobile Health and Fitness Market.”
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