[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Notices]
[Pages 9391-9392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02423]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-973]


Certain Wearable Activity Tracking Devices, Systems, and 
Components Thereof; Commission Determination Not To Review an Initial 
Determination Granting Complainant's Unopposed Motion To Terminate the 
Investigation in Its Entirety Based Upon Withdrawal of the Complaint; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 27) of the presiding

[[Page 9392]]

administrative law judge (``ALJ'') granting an unopposed motion to 
terminate the investigation in its entirety based upon withdrawal of 
the complaint.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3042. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted Inv. No. 337-TA-
973 on December 7, 2015, based on a complaint filed by Fitbit, Inc. of 
San Francisco, California (``Fitbit''). 80 FR 76040 (Dec. 7, 2015). The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended (19 U.S.C. 1337), in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain wearable activity tracking devices, systems, and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 8,920,332 (``the '332 patent); U.S. Patent No. 8,868,377 
(``the '377 patent); and U.S. Patent No. 9,089,760 (``the '760 
patent''). The notice of investigation named the following respondents: 
AliphCom d/b/a Jawbone of San Francisco, California and BodyMedia, Inc. 
of Pittsburgh, Pennsylvania (collectively, ``Jawbone''). The Office of 
Unfair Import Investigations (OUII) is a party to the investigation.
    On July 19, 2016, the ALJ issued Order No. 24 granting a motion for 
summary determination that the '332 patent, the '377 patent, and the 
'760 patent are invalid under 35 U.S.C. 101 for being directed to 
ineligible subject matter, and terminated the investigation in its 
entirety. On August 1, 2016, Fitbit petitioned for review of the ID. On 
August 8, 2016, Jawbone and OUII filed oppositions to Fitbit's 
petition. On September 7, 2016, the Commission determined to review the 
ID, and on review, vacated and remanded for the ALJ to continue the 
investigation as to the '332 patent and the '377 patent.
    On December 23, 2016, Fitbit moved unopposed to terminate the 
investigation in its entirety based upon withdrawal of the complaint. 
Fitbit indicated that Jawbone and OUII do not oppose the motion.
    On January 3, 2017, the ALJ issued the subject ID (Order No. 27), 
granting the unopposed motion. The ALJ found that the motion complied 
with the requirements of Commission Rule 210.21(a)(1) (19 CFR 
210.21(a)(1)) and further found that no extraordinary circumstances 
prohibited granting the motion. None of the parties petitioned for 
review of the ID.
    The Commission has determined not to review the ID. This terminates 
the investigation.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: February 1, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-02423 Filed 2-3-17; 8:45 am]
BILLING CODE 7020-02-P