By Eric Schweibenz
On January 3, 2017, ALJ Thomas B. Pender issued Order No. 27 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 complaint filed by Fitbit, Inc. (“Fitbit”) 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 (“the ’332 patent”), 8,868,337 (“the ’337 patent”), and 9,089,760 (“the ’760 patent”). See our November 2, 2015 and December 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On August 9, 2016, ALJ Pender issued the public version of Order No. 24 granting Respondents AliphCom d/b/a Jawbone and BodyMedia, Inc.’s (collectively, “Jawbone”) motion for summary determination of invalidity under 35 U.S.C. § 101 and terminating the investigation in its entirety. See our August 18, 2016 post for more details on the Initial Determination (“ID”). On September 7, 2016, the ITC issued a notice and order reviewing-in-part and vacating-in-part the ID with respect to the ’332 and ’377 patents. See our September 29, 2016 post for more details on the ITC’s notice and order.

According to Order No. 27, ALJ Pender granted a Fitbit motion to terminate the investigation in its entirety based on a withdrawal of the complaint naming Aliphcom d/b/a Jawbone and BodyMedia, Inc. as Respondents.