80 FR 50870 - Certain Activity Tracking Devices, Systems, and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 162 (August 21, 2015)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 7, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of AliphCom d/b/a Jawbone of San Francisco, California and BodyMedia, Inc. of Pittsburgh, Pennsylvania. A supplement was filed on July 24, 2015. The complaint as supplemented alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain activity tracking devices, systems, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,073,707 (``the '707 patent''); U.S. Patent No. 8,398,546 (``the '546 patent''); U.S. Patent No. 8,446,275 (``the '275 patent''); U.S. Patent No. 8,529,811 (``the '811 patent''); U.S. Patent No. 8,793,522 (``the '522 patent''); and U.S. Patent No. 8,961,413 (``the '413 patent''), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint further alleges misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50870-50871]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20730]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-963]


Certain Activity Tracking Devices, Systems, and Components 
Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 7, 2015, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
AliphCom d/b/a Jawbone of San Francisco, California and BodyMedia, Inc. 
of Pittsburgh, Pennsylvania. A supplement was filed on July 24, 2015. 
The complaint as supplemented alleges violations of section 337 based 
upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
activity tracking devices, systems, and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 8,073,707 (``the '707 
patent''); U.S. Patent No. 8,398,546 (``the '546 patent''); U.S. Patent 
No. 8,446,275 (``the '275 patent''); U.S. Patent No. 8,529,811 (``the 
'811 patent''); U.S. Patent No. 8,793,522 (``the '522 patent''); and 
U.S. Patent No. 8,961,413 (``the '413 patent''), and that an industry 
in the United States exists as required by subsection (a)(2) of section 
337. The complaint further alleges misappropriation of trade secrets, 
the threat or effect of which is to destroy or substantially injure an 
industry in the United States.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning

[[Page 50871]]

the Commission may also be obtained by accessing its internet server at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2015).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 17, 2015, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) Whether there is a violation of subsection (a)(1)(B) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain activity tracking devices, systems, and components thereof by 
reason of infringement of one or more of claims 19, 23, and 24 of the 
'707 patent; claims 1-18 and 20-28 of the '546 patent; claims 1, 2, 4, 
5, 8-10, 13-15, 18, and 19 of the '275 patent; claims 1, 5-7, 16, and 
17 of the '811 patent; claim 2 of the '522 patent; and claims 1-3, 5, 
7-9, 11, and 12 of the '413 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (b) whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain activity tracking devices, systems, and components thereof by 
reason of misappropriation of trade secrets, the threat or effect of 
which is to destroy or substantially injure an industry in the United 
States;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:
    AliphCom d/b/a Jawbone, 99 Rhode Island Street, 3rd Floor, San 
Francisco, CA 94103.
    BodyMedia, Inc., Union Trust Building, 501 Grant Street, Suite 
1075, Pittsburgh, PA 15219.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
    Fitbit, Inc., 405 Howard Street, San Francisco, CA 94105.
    Flextronics International Ltd., 6201 America Center Drive, San 
Jose, CA 95002.
    Flextronics Sales & Marketing (A-P) Ltd., Suite 802, St. James 
Court, St. Denis Street, Port Louis, Mauritius.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    Issued: August 18, 2015.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-20730 Filed 8-20-15; 8:45 am]
 BILLING CODE 7020-02-P