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Complaint of Aliphcom D/B/Ajawbone and Bodymedia, Inc

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Complaint of Aliphcom D/B/Ajawbone and Bodymedia, Inc PUBLIC VERSION UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. In the Matter of CERTAIN ACTIVITY TRACKING Investigation N0. DEVICES, SYSTEMS, AND COMPONENTS THEREOF VERIFIED COMPLAINT OF ALIPHCOM D/B/AJAWBONE AND BODYMEDIA, INC. UNDER SECTION 337 OF THE TARIFF ACT OF 1930,AS AMENDED COMPLAINANTS RESPONDENTS AliphCom d/b/a Jawbone Fitbit, Inc. 99 Rhode Island Street 405 Howard Street 3rd Floor San Francisco, CA 94105 San Francisco, CA 94103 Telephone: (877) 623-4997 Telephone: (714) 812-8200 Flextronics Intemational Ltd. BodyMedia, Inc. 6201 America Center Drive Union Trust Building San Jose, CA 95002 501 Grant Street, Suite 1075 Telephone: (408) 576-7000 Pittsburgh, PA 15219 Telephone: (412) 288-9901 Flextronics Intemational Singapore Pte Ltd COUNSEL FOR COMPLAINANTS 2 Changi South Lane Max L. Tribble Jr. Singapore 486123 SUSMANGODFREYL.L.P. Telephone: (65) 6543-2888 1000 Louisiana, Suite 5100 Flextronics Sales & Marketing (A-P) Ltd. Houston, TX 77002-5096 Suite 802, St. James Court, St. Denis Street Telephone: (713) 651-9366 Port Louis, Mauritius Facsimile: (713) 651-6666 Telephone: (230) 212-9760 Kalpana Srinivasan Oleg Elkhunovich SUSMANGODFREYL.L.P. 1901 Avenue of the Stars, Suite 950 Los Angeles, California 90067-6029 Telephone: (310) 789-3100 Facsimile: (310) 789-3150 Genevieve Vose Wallace Floyd G. Short SUSMANGODFREYL.L.P. 1201 Third Avenue, Suite 3800 Seattle, Washington 98101-3000 Telephone: (206) 516-3 880 Facsimile: (206) 516-3883 Andrew F. Pratt 3766856v1/014661 PUBLIC VERSION \/ENABLELLP 575 7th Street, NW Washington, DC 20004 Telephone: (202) 344-4389 Facsimile: (202) 344-8300 3766856v1/01466] PUBLIC VERSION TABLE OF CONTENTS I. INTRODUCTION ............................................................................................................. ..1 II. THE PARTIES................................................................................................................... ..3 A. Complainants ......................................................................................................... ..3 B. Respondents ........................................................................................................... ..4 III. THE PRODUCTS AT ISSUE ........................................................................................... ..5 IV. THEPATENTSATISSUE................................................................... ..6 A. U.S. Patent No. 8,446,275...................................................................................... ..6 i. Identification of the Patent and Ownership by AiiphCom...........................6 ii. Foreign Counterparts to the ’275 Patent .................................................... ..7 B. U.S. Patent No. 8,529,811...................................................................................... ..7 i. Identification of the Patent and Ownership by AliphCom...........................7 ii. Foreign Counterparts to the ’8l1 Patent ........................................... .........8 C. U.S. Patent No. 8,793,522...................................................................................... ..8 i. Identification of the Patent and Ownership by AliphCom...........................8 ii. Foreign Counterparts to the ’522 Patent .................................................... ..9 D. U.S. Patent No. 8,961,413...................................................................................... ..9 i. Identification of the Patent and Ownership by B0dyMedia.........................9 ii. Foreign Counterparts to the ’413 Patent .................................................. ..10 E. U.S. Patent No. 8,073,707.................................................................................... ..10 i. Identification of the Patent and Ownership by BodyMedia..................... ..10 ii. Foreign Counterparts to the ’707 Patent ....................................................ll F. U.S. Patent No. 8,398,546.................................................................................... ..11 i. Identification of the Patent and Ownership by B0dyMedia.......................11 ii. Foreign Counterparts to the ’546 Patent .................................................. ..12 I 3766856v1/014661 PUBLIC VERSION G. Non-Technical Description of the Patented Inventions ........................... H. Licensees ................................................................................................ .. V. THE DOMESTIC INDUSTRY ......................................................................... .. A. Complainants’ Investments in the Domestic Industry ........................... .. B. Complainants’ Practice of the Complainants’ Patents ............................. VI. SPECIFIC INSTANCES OF IMPORTATION AND SALE .............................. VII. UNLAWFUL AND UNFAIR ACTS COMMII IED BY THE RESPONDENTS ............................................................................................... .. A. Unfair Acts of Patent Infiingement .......................................................... B. Unfair Acts of Trade Secret Misappropriation ........................................ C. Substantial Injury and Threat of Substantial Injury to Complainants’ Domestic Industry.................................................................................. .. VIII. RELATED LITIGATION ................................................................................. .. IX. RELIEF REQUESTED ...................................................................................... .. 11 3766856vl/014661 PUBLIC VERSION EXHIBIT LIST Exhibit N0. Designation Description Exhibit 1 Public Jawbone Corporate Profile Exhibit 2 Public Certified Copy of United States Patent No. 8,446,275 Exhibit 3 Public Certified Copy of United States Patent No. 8,529,811 Exhibit 4 Public Certified Copy of United States Patent No. 8,793,522 Exhibit 5 Public Certified Copy of United States Patent No. 8,961,413 Exhibit 6 Public Certified Copy of United States Patent N0. 8,073,707 Exhibit 7 Public Certified Copy of United States Patent No. 8,398,546 Certified Copies of the Assignment Records for United States Patent Nos. 8,446,275; 8,529,811; 8,793,522; 8,961,413; Exhibit 8 Public 8,073,707; 8,398,546 Certified Copy of the Assigmnent Record for United States Patent Exhibit 9 Public No. 8,446,275 Certified Copy of the Assignment Record for United States Patent Exhibit I0 Public No. 8,529,811 Certified Copy of the Assignment Record for United States Patent Exhibit 11 Public No. 8,793,522 Certified Copy of the Assignment Record for United States Patent Exhibit 12 Public N0. 8,961,413 Certified Copy of the Assignment Record for United States Patent Exhibit 13 Public No. 8,073,707 Certified Copy of the Assignment Record for United States Patent Exhibit 14 Public No. 8,398,546 List of foreign patents, foreign patent applications (not already issued as a patent), and each foreign patent application that has been denied, abandoned, or withdrawn corresponding to the Exhibit 15 Public Asserted Patents Claim Chart For the Infringement of Independent Claims 1 and 19 of Complainant's United States Patent No. 8,529,275 by Fitbit Exhibit 16 Public Surge Claim Chart For the Infringement of Independent Claims 1 and 19 of Complainant's United States Patent No. 8,529,275 by Fitbit Exhibit 17 Public Charge and ChargeHR Claim Chart For the Infringement of Independent Claims 1 and 19 Exhibit 18 Public of Complainant's United States Patent No. 8,529,275 by Fitbit Flex Claim Chart For the Infringement of Independent Claims 1 and 19 Exhibit 19 Public of Complainant's United States Patent No. 8,529,275 by Fitbit One Claim Chart For the Infringement of Independent Claims 1 and 19 Exhibit 20 Public of Complainant's United States Patent No. 8,529,275 by Fitbit Zip Claim Chart For the Infiingement of Independent Claims 1 and 16 of Complainant's United States Patent No. 8,529,811 by Fitbit Exhibit 21 Public Surge lll 3766856v1/014661 PUBLIC VERSION Claim Chart For the Infringement of Independent Claims 1 and 16 of Complainant's United States Patent No. 8,529,811 by Fitbit Exhibit 22 Public Charge and ChargeHR Claim Chart For the Infringement of Independent Claim 2 of Exhibit 23 Public Complainant's United States Patent No. 8,793,522 by Fitbit Flex Claim Chart For the Infringement of Independent Claim 1 of Exhibit 24 Public Complainant's United States Patent No. 8,961,413 by Fitbit Flex Claim Chart For the Infringement of Independent Claim 1 of Exhibit 25 Public Complainant's United States Patent No. 8,961,413 by Fitbit Surge Claim Chart For the Infringement of Independent Claim 1 of Complainant's United States Patent N0. 8,961,413 by Fitbit Exhibit 26 Public ChargeHR Claim Chart For the Infringement of [ndependent Claim 1 of Complainant's United States Patent No. 8,961,413 by Fitbit Exhibit 27 Public Charge Claim Chart For the Infringement of Independent Claim 1 of Exhibit 28 Public Complainant's United States Patent N0. 8,961,413 by Fitbit One Claim Chart For the Infringement of Dependent Claims 19, 23, and 24 of Complainant's United States Patent No. 8,073,707 by Exhibit 29 Public Fitbit Surge Claim Chart For the Infringement of Dependent Claims 19, 23, and 24 of Complainant's United States Patent No. 8,073,707 by Exhibit 30 Public Fitbit ChargeHR Claim Chart For the Infringement of Independent Claim 1 of Complainant's United States Patent N0. 8,398,546 by Fitbit Exhibit 31 Public Wearable Trackers One, Charge, ChargeHR, Surge Claim Chart For the Practice of Independent Claims 1 and 19 of Complainant's United States Patent
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