On September 29, 2015, Chief ALJ Charles E. Bullock issued Order No. 5 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. 5, ALJ Bullock set the procedural schedule and determined, inter alia, that the evidentiary hearing in this investigation will take place on May 9-16, 2016; the initial determination on violation is due on August 19, 2016; and the target date for completing the investigation is December 21, 2016 (which is approximately sixteen months after institution of the investigation).