We recently reported about two Section 337 investigations in which the United States International Trade Commission (“ITC”) made notable patent invalidity determinations. One of those cases was a suit brought by Jawbone against Fitbit over the well-known activity monitoring devices. As an update, ITC administrative law judge (ALJ) Dee Lord has granted summary determination that the asserted claims of two of Jawbone’s remaining patents in its Section 337 action against Fitbit are directed to ineligible subject matter under 35 U.S.C. § 101. The ALJ’s initial determination is now subject to review by the ITC within 30 days, or longer if the ITC
determines to extend its time for review.
For more information, read the full blog post on The Trade Practitioner.