ITC Issues Markman Order in Jawbone Fitness Tracker Investigation

May 10, 2016 – The International Trade Commission instituted an investigation against AliphCom d/b/a Jawbone and BodyMedia, Inc. (“Respondents”) based on allegations of the Respondents violating section 337 of the Tariff Act of 1930 by importing into the United States certain activity tracking devices, systems, and components thereof that allegedly infringe the complainant Fitbit’s patents. Most recently, the ITC issued a Markman Order construing two terms of U.S. Patent No. 8,920,332.

The patents at issue are U.S. Patent No. 8,868,377, entitled “Portable monitoring devices and methods of operating same,” U.S. Patent No. 8,920,332, entitled “Wearable heart rate monitor,” and U.S. Patent No. 9,089,760, entitled “System and method for activating a device based on a record of physical activity.”

The ITC found that no construction was necessary for the term “worn detection mode” (claims 1 and 5, ’332 Patent), because the term is defined by the claim language. Furthermore, the Commission found the term “still for at least a defined period” in claim 14 of the ’332 Patent to mean “motionless for at least a predetermined length of time.”

The investigation is pending in the ITC and is captioned: Wearable Activity Tracking Devices, Systems, and Components Thereof, ITC-337-TA-973.

By: David Varghese