On November 2, 2015, Fitbit, Inc. of San Francisco, California (“Fitbit”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that AliphCom d/b/a Jawbone of San Francisco, California (“Jawbone”) and BodyMedia, Inc. of Pittsburgh, Pennsylvania (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain wearable activity tracking devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,920,332 (the ‘332 patent), 8,868,377 (the ‘377 patent), and 9,089,760 (the ‘760 patent) (collectively, the “asserted patents”). 

According to the complaint, the asserted patents generally relate to wearable activity tracking technology.  In particular, the ‘332 patent relates to a wearable fitness monitoring device that uses both motion sensing technology and heart-rate sensing technology to detect the heart rate of a user.  The ‘377 patent relates to an activity tracking device that calculates activity points based on the amount of physical activity of a user and that displays results to the user.  Lastly, the ‘760 patent relates to a device that is designed to encourage physical activity by monitoring and recording the physical activity of a user.

In the complaint, Fitbit states that the Proposed Respondents import and sell products that infringe the asserted patents.  The complaint specifically refers to the Jawbone UP4, UP3, UP2, UP Move, and UP App as infringing products.

Regarding domestic industry, Fitbit states that it practices the invention of at least one claim of each of the asserted patents in its Surge, Charge HR, Charge, Flex, One, and Zip devices.  Fitbit further states that it has researched, designed, engineered, and developed such devices and related software in the U.S.  The financial details of Fitbit’s domestic investments are redacted from the public version of the complaint.

With respect to potential remedy, Fitbit requests that the Commission issue a limited exclusion order and a cease and desist order directed at the Proposed Respondents and related entities.