On August 18, 2015, the U.S. International Trade Commission ("Commission") issued a press release announcing their vote to institute an investigation of Certain Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-963).

The investigation is based on a July 8, 2015 complaint filed by AliphCom d/b/a Jawbone of San Francisco, California and BodyMedia, Inc. of Pittsburgh, Pennsylvania alleging violation of Section 337 in the importation into the U.S. and sale of certain wearable fitness and activity tracker devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,446,275; 8,529,811; 8,793,522; 8,961,413; 8,073,707; and 8,398,546.  The complaint further alleges that the Proposed Respondents have engaged in unfair competition and unfair acts by their access and improper use of Jawbone's trade secret confidential information related to Jawbone's technology and wearable product development plans, roadmaps, and financial information.  See our July 8, 2015 post for more details on the complaint. 

According to the Notice of Investigation, the Commission has identified Fitbit, Inc. of San Francisco, California, Flextronics International Ltd. of San Jose, California, and Flextronics Sales & Marketing (A-P) Ltd. of Mauritius as the respondents.

Lastly, Chief ALJ Bullock issued a notice indicating that he will be the presiding Administrative Law Judge in this matter.