ITC Grants Motion to Quash Fitbit’s Subpoena

February 25, 2016—An Administrative Law Judge for the International Trade Commission granted Complainants AliphCom d/b/a Jawbone and Body Media, Inc.’s and third party Mark Dyne’s motion to quash Respondent Fitbit’s subpoena ad testificandum, finding that Fitbit was required to seek approval in advance to serve a subpoena after the close of fact discovery.  The subpoena was served on Mark Dyne on February 1, 2016; fact discovery closed on January 29, 2016.  The patents-at-issue in the proceeding are U.S. Patent Nos. 8,073,707; 8,398,546; 8,446,275; 8,529,811; 8,793,522; and 8,961,413, which relate to activity tracking devices, systems, and components thereof.  The case is Inv. No. 337-TA-963.

By: Katherine E. Adams

View Attachment (PDF)