Philips files wearables patent complaint against Fitbit and Garmin

The US International Trade Commission (USITC) has said it will formally kick-off an investigation into Fitbit, Garmin and other parties, following a patent complaint from Philips.

Although the original filing was made last month, the probe into now Google-owned Fitbit, Garmin, Ingram Micro, Maintek Computer and Inventec Appliances can now begin after a vote from the USITC. Philips has suggested the parties have violated three of its patents in health monitoring and smart watch products.

Details might be a bit thin on the ground, though the three patents which Philips believes are in violation are:

  • US Patent No. 7,845,228: Activity motion tracking
  • US Patent No. 9,820,698: Actigraphy methods and apparatuses
  • US Patent No. 9,717,464: A continuous transdermal monitoring system
  • US Patent No. 9,961,186: A Personal Emergency Response System (PERS) system which is not confined to the individual’s home

Although Garmin and Fitbit are well known for their notable presence in the fitness wearables market, Philips has carved its own niche in the highly lucrative healthcare space. It might not be as ‘sexy’ a segment, but it can prove to be incredibly profitable, especially in a market such as North America where private insurance rules the roost.

Philips does have a presence in the consumer wearables space and has even launched a few smart watch products of its own, but these are considerably less successful that the Fitbit or Garmin alternatives. Success matters very little when it comes to patent violations, and Philips has requested the USITC block the import of the devices in question.

What is worth noting is this is not the first instance of bad blood between Philips and Fitbit.

During July 2019, Philips filed another patent infringement case filed in Massachusetts Court focusing on four different patents. These patents related to GPS, the security of data during transmission and fitness related applications. In this example, Philips claimed to have informed Fitbit about the violation, but the US firm did not respond to licensing calls. This case is on-going.

The killer 5G app will be the one which changes behaviour – Orange

It is highly unlikely the telcos will be able to find the silver bullet to justify all 5G investments in a single swoop, and what we’re talking about today is unlikely to cut it.

There were a couple of applications which defined the 4G era, though 5G is gearing itself up to be much more complex. Justifying the expense on 5G infrastructure will be much more of a long-burn for the telcos, as one of the pre-requisites will be the alignment of all the moving parts such as the app economy, fibre deployment, changing consumer behaviour and IOT embedding itself into the world.

This is the complicated message which Patrice Slupowski, SVP Digital Innovation & Chief IoT Officer at Orange put across this morning, and the cornerstone of this vision will be data.

“The apps which will make the biggest difference will be the ones which change behaviour,” Slupowski said at Total Telecom Congress this week.

Perhaps a perfect example of how this can be brought together takes a look at health and lifestyle apps which are becoming increasingly popular throughout society.

There is of course a horde of new devices, products, applications and services which track and measure everything from the number of steps you take each day through to the depth of sleep throughout the night. These are simple usecases of connectivity, but when you start to use this data more intelligently, creating services (both private and public) from the insight gathered it becomes a lot more interesting.

This is where investments in IOT, fibre and mobile connectivity (both 5G and LTE-A) become more apparent. In this example, consumers are becoming more informed about their lifestyles and activities, but the knock-on effect could be more predictive and maintenance-based healthcare regimes. Practitioners can keep track of patients without unnecessary visits to clinics, and on the occasion a visit is necessary, data is significantly more accurate allowing for more personalised healthcare programmes.

Healthcare is the example here, though this should be applied to every angle being worked with a 5G swing. Whether it be in an industrial context for smart factories or connected harbours, or on the roads with intelligent signalling or autonomous vehicles. These are usecases which fundamentally change behaviour, either consumer lifestyle or the way a business runs.

This is perhaps why 5G will be a slow-burn to generate ROI. When you combine 5G with IOT, the cloud, AI and the ever-increasing computational power being offered as a commodity, the real value of data starts to be seen. This is when 5G will start to change the way society and enterprise function, and when it could be seen as a winner.

FCC allocates $20bn to close US digital divide

One of the genuine risks of the accelerated journey towards the digital economy is the widening digital divide, though an extra $20 billion from the FCC could help even the landscape.

Although the US is one of the most advanced digital nations in the world, the difference between the haves and have nots is quite staggering. If you were to compare the connectivity options for a millennial in San Diego to a farmer in rural Ohio, you wouldn’t assume it was the same country. Some might see it as a first world problem, however with the benefits of connectivity being applied to areas such as education and healthcare, it is irresponsible to allow this divide to continue.

This is the conundrum which the FCC has faced in recent years. It is of course commercially attractive to drive connectivity options in the densely populated urban areas, but such are the sparse and environmentally challenging regions across some of the US, vast numbers of people are being left behind.

Here, the FCC is proposing the establishment of the Rural Digital Opportunity Fund, which will direct $20.4 billion towards closing the digital divide.

“In short, we’re proposing to connect more Americans to faster broadband networks than any other universal service program has done,” said FCC Chairman Ajit Pai.

“I’m excited about what this initiative will mean for rural Americans who need broadband to start a business, educate a child, grow crops, raise livestock, get access to telehealth, and do all the other things that the online world allows. And I look forward to kicking off this new auction next year.”

This fund will have a broader scope than the previous Connect America Fund (CAF), and will aim to assist regions which are not currently able to access download speeds of 25 Mbps and upload speeds of 3 Mbps, significantly higher than the caps placed on the CAF funds.

The funding will be allocated in two phases. Firstly, using data which has already been collected by the FCC, a reverse auction will be implemented to hand out the funds. Alongside this auction, a new data collection tool will be implemented to offer greater depth to the insight. In the second phase, the intelligence gathered through this tool will help allocate funds as well as to those communities which missed out in the first phase.

With what will be known as the Digital Opportunity Data Collection initiative, the FCC will aim develop more granular broadband deployment data. This initiative will aim to collect geospatial broadband coverage maps from fixed broadband ISPs, and also develop crowd-sourcing portal that will gather input from consumers as well as from state, local, and Tribal governments. Through crowd-sourcing the data, the FCC will hope to validate the information put forwards by the ISPs.

This is a sensible approach from the FCC, as while the ISPs will have the biggest treasure troves when it comes to data, they have also shown themselves to be misleading in the past. With such a tool at its disposal, the FCC can become a more intelligent organization, taking proactive steps towards fixing the digital divide as opposed to simply signing blank cheques for the telcos to cash.

“I appreciate the hard work that went into this item to fix the Commission’s broken mapping process,” said FCC Commissioner Michael O’Reilly.

“Like some of the very laudable mapping bills being considered by Congress, including those by Chairman Wicker and Senator Capito, this item takes important steps in creating a more accurate and useful picture of broadband coverage, which should allow the Commission’s universal service policies to better focus on those millions of Americans left behind without access to broadband service today.”

And while this might sound like a positive step-forward, Commissioner Jessica Rosenworcel, a political opponent of Pai and O’Reilly, has found something to be irked about. Rosenworcel fears the maps might be replaced by a difficult to find URL and handing control of data collection to the administrator of the funds is not the best way forward.

Although we should not be surprised by the objections, they are incredibly weak. Rosenworcel has said she likes the idea, though her objections are seemingly just trying to be awkward, playing the childish role of political opponent wherever possible. While we rarely have anything positive to say about Pai and his cronies in the FCC, this is a sensible move forward and Rosenworcel seems to be finding objections purely because it adds to the theatrics of politics.

What is incredibly difficult to understand is how severe the digital divide actually is in the US. The FCC suggests there are 21 million US citizens who cannot access acceptable broadband speeds, though Rosenworcel has quoted a report which claims the digital divide is as high as 162 million.

This outlandish claim pays homage to a report from Microsoft which should be taken with a bucketful of salt. Let’s not forget, Microsoft is a firm which will benefit from stoking the fire and attracting additional funds to fuel connectivity deployments in the rural community.

This in itself is one of the significant problems when attempting to tackle the digital divide; no-one actually knows what the starting point is. Depending on your commercial aims and political allegiance, the number of underserved citizens will vary wildly. How can one address a problem when the variables remain unknown? It is nothing more than shooting in the dark, hitting the mark occasionally but likely to miss the most important targets.

Alongside these changes in funding connectivity, the FCC has also released a statement which will address how funding for telehealth services is allocated.

This is where the idea of connectivity can be more than simply a means to access entertainment, taking the digital divide beyond the realms of first world problem. There are communities in the US who are underserved by medical services thanks to doctor shortages and hospital closures. The Rural Health Care Programme aims to address these challenges, making use of connectivity to ensure all US citizens have access to medical services as and when they need them.

The latest proposal is another reform to how funds are allocated, attempting to identify the regions which are most severely underserved. Funding will be increased by 43% to $571 million.