ITC Grants Fitbit’s Motion for Summary Determination

March 8, 2016 – Complainants Jawbone and BodyMedia, Inc. filed a complaint against Respondents Fitbit and Flextronics with the International Trade Commission (ITC) on July 7, 2015 requesting the ITC to institute an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337). Complainants alleged that Fitbit was importing products into the United States that violated two of Complainants’ patents. The patents at issue are U.S. Patent No. 8,398,546, entitled “System for monitoring and managing body weight and other physiological conditions including iterative and personalized planning, intervention and reporting capability,” and U.S. Patent No. 8,446,275, entitled “General health and wellness management method and apparatus for a wellness application using data from a data-capable band.”

On March 3, 2016, the ITC granted Respondents’ Motion for Summary Determination that the ’546 and ’275 Patents are directed to ineligible subject matter under 35 U.S.C. § 101 and effectively terminating the patents from the ITC’s investigation. The case is before the International Trade Commission and is captioned: Activity Tracking Devices, Systems, and Components Thereof, ITC-337-TA-963.

By: David G. Varghese