By Eric Schweibenz
On January 5, 2016, ALJ Thomas B. Pender issued Order No. 4 in Certain Wearable Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-973).

By way of background, this investigation is based on a November 2, 2015 complaint filed by Fitbit, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain wearable activity tracking devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,920,332; 8,868,377; and 9,089,760.  See our November 2, 2015 and December 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 4, ALJ Pender set the procedural schedule for the investigation. Specifically, ALJ Pender determined, inter alia, that the Markman hearing will take place on April 4-5, 2016; the evidentiary hearing will commence on August 8, 2016 and conclude no later than August 12, 2016; the initial determination will be issued on December 7, 2016; and April 7, 2017 is the target date for completing the investigation (which is approximately sixteen months after institution of the investigation).