On February 4, 2021, ALJ Dee Lord issued a notice of initial determination ("ID") in Certain Wearable Monitoring Devices, Systems, and Components Thereof (Inv. No. 337-TA-1190). According to the notice, the ALJ found no violation of section 337.
By way of background, this investigation was based on a January 15, 2020 complaint filed by Philips North America, LLC and Koninklijke Philips N.V. alleging violations of section 337 by Respondents Fitbit, Inc., Garmin International, Inc. and Garmin 2 USA, Inc., Garmin Ltd. d/b/a Garmin Switzerland GmbH, Ingram Micro Inc., Maintek Computer (Suzhou) Co., Ltd., and Inventec Appliances (Pudong) through the importation and/or sale of certain wearable monitoring devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 7,845,228 ("the '228 patent"), 9,717,464 ("the '464 patent"), 9,961,186, ("the '186 patent"), and 9,820,698 ("the '698 patent"). The '186 patent was previously terminated from the investigation in Order No. 25. ALJ Lord previously granted summary determination of non-infringement with respect to the '698 patent in Order No. 35. An evidentiary hearing regarding alleged violations of section 337 regarding the '228 and '464 patents was held in October 2020.
According to the notice, ALJ Lord determined that there is no violation of section 337 with respect to the '228 and '464 patents based on the following conclusions of law:
- No accused products have been shown to infringe claim 2 of the '228 patent.
- The domestic industry requirement has been satisfied with respect to claim 2 of the '228 patent.
- Claim 2 of the '228 patent is invalid as anticipated.
- Claim 2 of the '228 patent is directed to ineligible subject matter.
- No accused products have been shown to infringe claims 1 or 6 of the '464 patent.
- The domestic industry requirement has not been satisfied with respect to claims 1 or 6 of the '464 patent.
- Claims 1 and 6 of the '464 patent have not been shown to be invalid or unenforceable.
- Claims 1 and 6 of the '464 patent are directed to ineligible subject matter.
A public version of the ID containing more detailed information will issue within 30 days.
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