By Eric Schweibenz
On August 23, 2016, ALJ Dee Lord issued a notice of Initial Determination on violation of Section 337 (“ID”) in Certain Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-963).

By way of background, this investigation is based on a July 8, 2015 complaint filed by AliphCom d/b/a Jawbone and BodyMedia, Inc. (collectively “Jawbone”) alleging violation of Section 337 in the importation into the U.S. and sale of certain wearable fitness and activity tracker devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,446,275; 8,529,811; 8,793,522; 8,961,413; 8,073,707; and 8,398,546.  The complaint further alleged that the Proposed Respondents have engaged in unfair competition and unfair acts by their access and improper use of Jawbone’s trade secret confidential information related to Jawbone’s technology and wearable product development plans, roadmaps, and financial information.  See our July 8, 2015 and August 18, 2015 posts for more details on the complaint and Notice of Investigation, respectively.   Additionally, the patent infringement allegations in this investigation were previously terminated.  See our June 23, 2016 post for more details.

According to the notice, ALJ Lord determined that:
there is no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the importation into the United States, the sale for importation, and/or the sale within the United States after importation of certain activity tracking devices, systems, and components thereof because no party has been shown to have misappropriated any trade secret.
ALJ Lord’s notice only released limited information.  We will provide additional details after the public version of the ID is issued.

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