IPR Enforcement Actions on Wearable Activity Tracking Devices, Desk Platforms
Wearable Activity Tracking Devices. The International Trade Commission received Nov. 2 on behalf of Fitbit Inc. a petition requesting that it institute a Section 337 investigation regarding wearable activity tracking devices, systems, and components thereof. The proposed respondents are located in the U.S.
Section 337 investigations primarily involve claims regarding intellectual property rights violations by imported goods, including the infringement of patents, trademarks and copyrights. Other forms of unfair competition involving imported products, such as misappropriation of trade secrets or trade dress and false advertising, may also be asserted. The primary remedy available in Section 337 investigations is an exclusion order that directs U.S. Customs and Border Protection to stop infringing imports from entering the U.S. In addition, the ITC may issue cease and desist orders against named importers and other persons engaged in unfair acts that violate Section 337, including selling infringing imported articles out of U.S. inventory.
Height-Adjustable Desk Platforms. The ITC has instituted investigation 337-TA-970 to determine whether imports of height-adjustable desk platforms and components thereof are violating Section 337 of the 1930 Tariff Act by reason of patent infringement. The products at issue are adjustable desk platforms that are placed on top of standard desks to allow users to switch between sitting and standing work positions.
Complainant Varidesk LLC requests that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and a cease and desist order, which would require the named respondent to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondent in this investigation is located in the U.S.