The United States International Trade Commission has released a notice that they will revive efforts by Fitbit to ban the import of fitness tracking devices made by rival Jawbone. In November 2015 Fitbit filed a trade complaint alleging rival Jawbone’s wearable trackers infringed upon its patents.
The complaint requested an investigation and a cease and desist order. Jawbone moved for summary determination that the patents are directed to ineligible subject matter under the Patent Act. Presiding Judge Pender granted Jawbone’s motion for Summary Determination that the three patents by Fitbit did not deserve legal protection, and terminated the investigation in its entirety.
On September 7, 2016, the U.S International Trade Commission decided to review this initial decision by Judge Pender. The Commission found that the initial grant of Summary Determination was improper and remanded the case to further investigation into Fitbit’s patents.