iScan2D Technologies, LLC has filed a Western District of Texas complaint against Apple (1:25-cv-01794). The inventor-controlled plaintiff asserts two patents broadly directed to wirelessly pairing a "wearable activity device" and a "mobile device" with at least one "camera sensor" via a "color coded digital scannable media". iScan2D targets the provision of a "pairing animation" feature to connect various Apple Watch- and iPhone-series devices. The named inventor here is also named as an inventor on patents asserted in earlier health-tracking litigation filed by Fitistics, LLC.
The asserted patents (11,664,123; 12,230,394) belong to a five-member family with issue dates ranging from June 2016 through February 2025 and earliest estimated priority in August 2011 (based on the filing of a provisional application). Sean McKirdy is the family's sole named inventor. On social media, McKirdy identifies multiple current positions, including "Business Development Manager at IMI-Adaptas" for IMI Precision Engineering (since June 2023); cofounder of Fitistics (since January 2006); and founder and CEO of iScan2D Technologies (since April 2011). There, McKirdy tags iScan2D as having "[p]atented technology for smartphone exercise data capture using optical scanning".
iScan2D was formed in Connecticut on November 11, 2011, with McKirdy identified as its managing member. On its public website, the plaintiff describes itself as "specializ[ing] in IP development and related software for commercialization and licensing for various technologies". It characterizes its patent portfolio as comprising "issued and pending patents focused on the health and wellness markets" such as "Workout Tracking for Cardio Fitness Machines", "Workout Tracking for Strength Fitness Machines", "Capturing Health Kiosk Biometric Data Using Mobile Devices", "Non-Contact Heart Rate for Cardio Fitness Machines", and "Transfer Individuals Workout & Biometric Data to Electronic Health Care Systems".
In its court disclosures, the plaintiff discloses that it does not have a "parent corporation" and that no publicly held corporation owns ten percent or more of its "stock". The complaint recounts a set of alleged milestones for iScan2D: entering a "strategic partnership" with MYE Technologies, Inc., "a California-based leader in wireless audio and fitness technology solutions" with which iScan2D introduced "a proprietary digital QR code-based cardio exercise equipment data acquisition system" (2012); development of "a first-of-its-kind blood glucose monitoring solution capable of interfacing with leading glucose meters" (2013); codevelopment (with MYE) of "an integrated health club workout tracking system and health kiosk" (2016); and codevelopment (with MYE) of "the BodyScript Ascend health kiosk, now used in leading medically integrated health centers nationwide" (2019).
MYE Technologies was formed in California in 2006 by Anthony ("Tony") Garcia. On social media, Garcia characterizes the company as an "innovative OEM/ODM electronics design and manufacturing company" with products that involve "a high level of embedded software engineering and backend system application development to produce seamless products that make a difference". Garcia identifies himself as the CEO/founder/owner of several other businesses and appears to now be based in Henderson, Nevada.
iScan2D more particularly defines the "Apple Watch Accused Instrumentalities" to be "various models of the Apple Watch including, but not limited to, the Apple Watch Series 11, SE (3rd generation), SE (2nd generation), Ultra 3, Series 10, Ultra 2, Series 9, Ultra and Series 8, and any previous Apple Watch models Defendant had in inventory and sold or caused to be sold on or after May 30th, 2023". These products are alleged to infringe "at least" claims 1-5, 9-14, 19 and 20 of the '123 patent. The plaintiff defines the "Apple iPhone Accused Instrumentalities" to be "various models of the Apple iPhone including, but not limited to, the Apple iPhone 17, 17 Air, 17 Pro, 17 Pro Max, 16e, 16 Plus, 16 Pro, 16 Pro Max, 15 and 15 Plus, and any previous Apple iPhone models Defendant had in inventory and sold or caused to be sold on or after February 18th 2025". They are alleged to infringe "at least" claims 1-3, 5-8, 11-14 and 16-18 of the '394 patent.
Fitistics asserted a separate family of patents naming McKirdy as an inventor, with Robert ("Bob") Nutini, in a campaign running from January 2023 through March 2025. It sued Huawei, Fossil, and Polar Electro, in that order. Each case was dismissed without prejudice after a few months. Huawei contested venue, and Fossil filed an answer as well as a motion to dismiss on Alice grounds (arguing that the patents there in suit are directed to the abstract idea of "collecting and processing information"). Neither motion was fully briefed, and the litigation was otherwise uneventful. However, the history prior to the Fitistics campaign is eventful, the asserted portfolio subject to a long-running set of federal actions playing out before the Eastern District of Virginia between Fitistics, McKirdy, and Nutini on the one hand and Erik Cherdak on the other.
Fitistics sued Cherdak, an attorney that the Eastern District of Virginia ruled, after a three-day April-March 2018 bench trial, "fraudulently induced Fitistics" into entering a pair of agreements—a Copyright Assignment Agreement (CAA) and a Patent Rights Assignment Agreement (PRAA)—and "converted all monies due to Fitistics from the resulting Licenses". The details are extraordinary; RPX covered them at "Fitistics Launches Litigation over Using Smart Devices for Health Tracking" (January 2023).
While Rozier Hardt McDonough PLLC represented Fitistics, DNL Zito filed the complaint for iScan2D. The suit has yet to be assigned to a judge. 11/7, Western District of Texas.
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