ITC Vacates and Remands Initial Determination of Invalidity of Fitbit’s Patents

September 12, 2016 – The ITC vacated the initial determination of invalidity under § 101 of the asserted claims of Fitbit, Inc.’s (“Fitbit”) patents, U.S. Patent Nos. 8,920,332 and 8,868,377, entitled respectively “Wearable heart rate monitor” and “Portable monitoring devices and methods of operating same.” The ITC remanded to the ALJ, finding that the initial determination, which granted Respondents AliphCom d/b/a Jawbone’s and BodyMedia, Inc.’s motion for summary determination, had not viewed the evidence in the light most favorable to Fitbit as required to grant summary determination. The ITC declined to review the initial determination of patent ineligibility under § 101 of U.S. Patent No. 9,089,760, “System and method for activating a device based on a record of physical activity.” The case is Investigation No. 337-TA-973.

By: Katherine E. Adams

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