Aliphcom
Aliphcom v. Fitbit, Inc.
Opinion
Lead Opinion
Gilliam, J.
ORDER GRANTING MOTION TO STAY
Re: Dkt. No.
Before the Court is a motion, filed by Plaintiffs Alipheom D/B/A Jawbone and Bodymedia, Inc. (“Jawbone”), to stay this action pending'resolution of proceedings before the International Trade Commission : (“ITC”). ‘ Having carefully reviewed the parties’ papers and considered their arguments and the relevant legal authority, the Court hereby GRANTS Jawbone’s motion. .
I. BACKGROUND
Jawbone instituted this action on June 10, 2015 against Defendant Fitbit, Inc. (“Fitbit”). Jawbone filed the operative complaint on July 3, 2015, asserting infringement of six piatents. On July 7, 2015, Jawbone filed a complaint in the ITC, alleging infringement of the same six patents under 19 U.S.C. § 1337 .
The ITC instituted the investigation of Jawbone’s claims on August 17, 2015. 80 Fed. Reg. 162 (Aug. 21, 2015). The ITC has set a target date of December 21, 2016, for completion of the ITC investigation, and has set several key interim dates, including a Markman hearing on December 18, 2015, fact and expert discovery deadlines in January and: March 2016, respectively, summary determination motions in March 2016, and initial determinations in August…