District Court Grants Motion for Leave to File a Motion for Reconsideration Over Activity Monitoring Device

On June 28, 2017, District Judge Beth L. Freeman granted Plaintiff Fitbit Inc.’s motion for leave to file a motion to reconsider an earlier order that granted judgment on the pleadings that Plaintiff’s patent encompassed unpatentable subject matter. The court had failed to sufficiently consider the examiner’s statements in the prosecution history, and thus allowed Plaintiff to move for reconsideration on June 26, 2017 in the United States District Court for the Northern District of California (San Jose). The lawsuit relates to the reconsideration of the patent-eligibility of Plaintiff’s U.S. Patent, No. 9,031,812, entitled “Notifications On a User Device Based On Activity Detected By An Activity Monitoring Device.” The case is captioned, Fitbit Inc. v. AliphCom et al., 5-16-cv-00118.

By: Monica Chou.