Wearable Activity Tracking Devices: Commission Partially Vacates And Remands Section 101 Ruling

On September 7, 2016, the Commission partially vacated and remanded Administrative Law Judge Pender's Initial Determination (ID) that the three patents-in-suit in the 973 Investigation (Wearable Activity Tracking Devices) were invalid under Section 101.

Fitbit, Inc. brought this investigation, alleging infringement of three of its patents: 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"). Respondents moved for summary determination that all three patents were invalid under Section 101. The OUII investigative attorney filed a response supporting Respondents' motion as to the '760 patent but opposing as to the '332 and '377.