Jawbone Maker Counterclaims OK'd in Infringement Suit
The maker of Jawbone activity trackers, which has been accused of infringing on another company's patents, has brought a counterclaim for inequitable conduct on the patent holder.
March 11, 2015 at 08:00 PM
4 minute read
The maker of Jawbone activity trackers, which has been accused of infringing on another company's patents, has brought a counterclaim for inequitable conduct on the patent holder.
U.S. District Judge Joy Flowers Conti of the Western District of Pennsylvania held in iLife Technologies v. BodyMedia that BodyMedia, the company that makes Jawbone products, satisfied the standard for bringing a counterclaim on four out of the five patents it is accused of violating, which are held by iLife Technologies.
“In order to properly plead inequitable conduct in a patent case, Rule 9(b) requires identification of the specific who, what, when, where, why, and how of the material misrepresentation or omission committed before the PTO,” Conti said, referring to the U.S. Patent and Trademark Office and citing to the standard set for pleading inequitable conduct by the U.S. Court of Appeals for the Federal Circuit in its 2009 opinion in Exergen v. Wal-Mart Stores.
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