August 12, 2016 – Fitbit filed a petition for review of an International Trade Commission’s (“ITC”) Initial Determination, which found Fitbit’s asserted patents to be directed to ineligible subject matter. Fitbit claims that the asserted patents describe and claim “innovative improvements to the technology that does the tracking.” The patents-at-issue are U.S. Patent Nos. 8,920,332; 8,868,377; and 9,089,760, entitled respectively, “Wearable heart rate monitor,” “Portable monitoring devices and methods of operating same,” and “System and method for activating a device based on a record of physical activity.” Fitbit filed the suit at the ITC against Jawbone, alleging that Jawbone was infringing the asserted patents by importing and selling its UP Move, UP2, UP3, and UP4 activity trackers. The case is In the Matter of Certain Wearable Activity Tracking Devices, 337-973, before the ITC.
By: Katherine E. Adams