On December 1, 2015, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Wearable Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-973).

The investigation is based on an November 2, 2015 complaint filed by Fitbit, Inc. of San Francisco, California alleging violation of Section 337 in the importation into the U.S. and sale of certain wearable activity tracking devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,920,332; 8,868,377; and 9,089,760.  See our November 2, 2015 post for more details on the complaint. 

According to the Notice of Investigation, the Commission has identified AliphCom d/b/a Jawbone of San Francisco, California and BodyMedia, Inc. of Pittsburgh, Pennsylvania as the respondents. 

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