ITC Seeks Comment on Potential Exclusion Order on Fitbit Activity Trackers

The International Trade Commission is seeking comment by Sept. 23 on a possible limited exclusion order and cease and desist orders banning import and sale by Fitbit and Flextronics of activity tracking devices that infringe patents held by BodyMedia and Jawbone, the ITC said in Tuesday's Federal Register. An ITC administrative law judge recently recommended the orders, which would last “no more than one month,” if the commission finds violations of Tariff Act Section 337. The ITC began the investigation in August 2015, based on allegations Fitbit is importing devices manufactured overseas by Flextronics that copy BodyMedia’s patented design for its UP line of fitness and activity trackers. Fitbit and Flextronics had no comment.