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13 January 2020PatentsSarah Morgan

USITC to investigate Fitbit after Philips complaint

The US International Trade Commission (ITC) said late last week that it would investigate wearable monitoring devices made by Fitbit and Garmin, following a complaint from Philips.

In addition to investigating Fitbit and Garmin, the ITC will also probe California-based Ingram Micro and Chinese companies Maintek Computer and Inventec, according to its notice, published on Friday, January 10.

Rival Koninklijke Philips and its North American arm had accused the device makers of violating section 337 of the Tariff Act of 1930 by importing goods which infringe Philips’ patents, US numbers 7,845,228; 9,820,698; 9,717,464; and 9,961,186, each of which relate to activity monitors.

Philips has asked the ITC to issue a limited exclusion order and cease-and-desist orders.

A spokesperson for Philips said that the company has been trying to negotiate a licence agreement with Fitbit and Garmin for almost three years.

“These lawsuits have been filed due to Fitbit’s and Garmin’s refusal to conclude a licence arrangement with Philips on a worldwide basis,” said the spokesperson.

This isn’t the first time Philips has alleged patent infringement⁠—in July 2019, the North American arm of Philips accused Fitbit of infringing four other patents, covering technology used in its own family of wearable activity trackers, the Actiwatch.

At the time, Philips claimed that Fitbit didn’t develop its own technology and that it released its first product without filing a single patent application.

In late 2019, Google announced it would acquire Fitbit for $2.1 billion.

A spokesperson for Fitbit said the company has a “strong history” of innovation, having sold more than 100 million devices and having been issued more than 500 patents in the category.

“We believe these claims are without merit and a result of Philips’s failure to succeed in the wearables market. Fitbit plans to defend itself vigorously against all allegations made in the complaint to the ITC,” they added.

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