Xreal glasses may ‘need to be destroyed’: Viture punches back with counter lawsuit that could have massive consequences for the future of AR glasses

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Viture just played the legal Uno reverse card

Viture
(Image credit: Tom's Guide)

The ongoing lawsuit battle between smart-glasses makers Viture and Xreal is heating up. Viture pulled a legal reverse UNO, filing a countersuit accusing Xreal of infringing on Viture's "electrochromic film technology."

The lawsuit was filed in China, where Xreal manufactures its smart glasses. A Viture spokesperson said that if the company wins the lawsuit, it "will restrict the manufacturing or export of products using this technology."

What is electrochromic film?

Simply put, an electrochromic film is a thin layer in the lenses of smart glasses that uses a small electrical current to control tinting. It can be used to block or let more light in. You can also see larger versions of this technology used in buildings and cars like the Polestar 4.

You can see it in action on glasses like the Viture Beast, where the 9-level electrochromic lenses can make it feel like you've put on a lens shade. But it can also shift to transparent when you look at a laptop or your phone.

We know that both the Xreal One Pro and the recently announced Asus ROG Xreal R1 glasses feature strong electrochromic lenses that are highly customizable depending on what you need in the settings.

Losing those two glasses would be massive for Xreal. Plus, the company is expected to launch its 'Project Aura' spectacles — produced in partnership with Google — this year.

Who had it first?

Viture One XR glasses in blue, black and white colors

(Image credit: Viture)

Often, when it comes to patents or retroactive patents, it all comes down to timing. So, who had electrochromic lenses first?

From what I can tell, Xreal officially introduced electrochromic technology to its spectacles with the Xreal Air 2 Pro in October 2023. We tested the Air 2 Pros and found them quite impressive, especially the electrochromic feature.

"Being able to push a button to customize the transparency of these lenses to properly opaque is mightily impressive," my colleague Jason England said.

However, from what I can tell, Viture introduced electrochromic technology in 2022 when it Kickstarted the Viture One glasses. It looks like the Viture One started landing in backers' hands around March 2023. Current Tom's Guide computing editor Jason England reviewed the specs for Laptop Magazine in July 2023.

He even commented on the electrochromic film, "I point you towards what I think is one of those more ultra-premium features you’d expect from an expensive pair of XR glasses like these: electrochromic film."

Whether this timing will affect the current lawsuits remains to be seen, but it is curious.

How we got here

Asus ROG Xreal R1 AR Glasses

(Image credit: Future)

In the U.S., things kicked off when Xreal filed a patent infringement lawsuit against Viture, claiming "rather than investing in original development, Viture unlawfully incorporated Xreal’s patented inventions into its AR glasses products, freeriding on Xreal’s technological breakthroughs.”

“Viture unlawfully incorporated Xreal’s patented inventions into its AR glasses products, freeriding on Xreal’s technological breakthroughs,” an Xreal spokesperson commented at the time.

Viture fired back, calling the lawsuit "weak and questionable." A spokesperson noted that U.S. Patent No. 11,988,839 covers prior art and was previously rejected in China.

Meanwhile, in December, our friends at Android Central reported that the two smart-glasses manufacturers were engaged in another patent battle in Europe. A German court granted an injunction on Viture's glasses, which temporarily blocks its ability to sell or market products in Germany.

It could affect Viture's ability to sell in nine other countries, including France, Italy, Spain, Poland, the Netherlands, Ireland, Sweden and Belgium. Viture filed a defamation claim against Xreal, alleging that Xreal stated Viture was banned in nine countries. Allegedly, the defamation claim has been allowed to move forward.

Meanwhile, Viture has hired Cooley, a major litigation firm based in Los Angeles, to tackle the U.S. patent case.

"We believe these claims lack merit and that VITURE's market success and innovation have prompted this action, rather than any legitimate intellectual property concerns," a spokesperson told Tom's Guide.

Xreal declined to comment on the countersuit.

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Scott Younker
Scott Younker
West Coast Reporter

Scott Younker is the West Coast Reporter at Tom’s Guide. He covers all the lastest tech news. He’s been involved in tech since 2011 at various outlets and is on an ongoing hunt to build the easiest to use home media system. When not writing about the latest devices, you are more than welcome to discuss board games or disc golf with him. He also handles all the Connections coverage on Tom's Guide and has been playing the addictive NYT game since it released.

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