By John Presper

On April 1, 2022, the ITC issued a Notice of Investigation in Certain Interactive Fitness Products Including Stationary Bikes, Treadmills, Elliptical Machines, and Rowing Machines and Components Thereof (Inv. No. 337-TA-1310).

By way of background, this investigation is based on a March 3, 2022 complaint filed by Peloton Interactive, Inc. of New York, New York  (“Peloton”) alleging violations of section 337 by Respondents ICON Fitness Corp., IHF Holdings Inc., iFIT Inc. (FKA ICON Health & Fitness, Inc.), NordicTrack, Inc., and Free Motion Fitness, Inc., all of Logan, Utah (collectively, “Respondents”) in the unlawful importation/sale of certain interactive fitness products including stationary exercise bikes, treadmills, elliptical machines, and rowing machines and components thereof by reason of infringement of certain claims of U.S. Patent No. 11,170,886 (“the ’886 Patent”); U.S. Pat. No. 7,938,755 (“the ’755 Patent”); U.S. Patent No. 11,183,288 (“the ’288 Patent”); U.S. Patent No. 11,145,399 (“the ’399 Patent”); and U.S. Pat. No. 10,864,406 (“the ’406 patent”).

According to the complaint, the ’886, ’288, and ’399 patents generally relate to systems that enable users of interconnected exercise devices to participate and compete with other users in live and on-demand exercise classes by employing a control station server that receives and synchronizes the performance parameters of users’ during an on-demand exercise class; the ’755 patent generally relates to a novel air dam for use in treadmills; and the ’406 patent generally relates to methods of allowing users of interconnected treadmills to compete by displaying a comparison of performance metrics over each portion of an exercise class and a segmented timeline that indicates the activity to be performed in each class portion and the user’s progression through the class.  The accused products are interactive fitness products comprised of stationary exercise bikes, treadmills, elliptical machines, and rowing machines, including NordicTrack, Pro-Form, and FreeMotion stationery bikes; NordicTrack Pro-Form and FreeMotion treadmills; NordicTrack, Pro-Form, and FreeMotion elliptical machines; and NordicTrack and Pro-Form rowers.  Peloton is requesting that the Commission issue a limited exclusion order and cease-and-desist order against Respondents.  According to the Notice of Investigation, the Office of Unfair Import Investigations will not participate as a party in the investigation.  Lastly, Chief ALJ Clark S. Cheney issued a notice indicating that he will preside in the investigation.