On September 10, 2015, Chief ALJ Charles E. Bullock issued Order No. 4 in Certain Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-963).
By way of background, this investigation is based on a July 8, 2015 complaint filed by AliphCom d/b/a Jawbone and BodyMedia, Inc. 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 and August 18, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
According to Order No. 4, ALJ Bullock set December 21, 2016 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation). In addition, ALJ Bullock directed the parties to submit proposed procedural schedules by September 17, 2015. ALJ Bullock further noted that the evidentiary hearing in this investigation will take place on May 9-16, 2016.