US ITC starts investigation on patent violation claims

Jan 13, 2020 09:24 GMT  ·  By

Fitbit, Garmin, and a series of other wearable device manufacturers are being investigated by the United states International Trade Commission (ITC) for an alleged patent violation.

A complaint filed by Philips North America, LLC, of Andover, MA, and Koninklijke Philips N.V. of Eindhoven, Netherlands, on December 10 indicates that Fitbit, Garmin, Ingram Micro, Maintek Computer, and Inventec Appliances violated on a series of patents.

“The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wearable monitoring devices, systems, and components thereof that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders,” ITC says.

The companies hope they would obtain either tariffs or an import ban following the probe.

Fitbit: False claims

ITC says that despite that an investigation has already started, a decision will be announced at a later time, with no ETA available for the time being.

“By instituting this investigation (337-TA-1190), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission,” it says in a press release.

Additionally, Fitbit denies the patent violation claims, suggesting that the accusations come after Philips failed to make itself noticed in the wearables market.

“We believe these claims are without merit and a result of Philips’ failure to succeed in the wearables market,” Fitbit told Reuters.

Garmin hasn’t yet issued a statement on the alleged patent violation.