Robb
Robb v. Fitbit Inc.
Opinion
Lead Opinion
Illston, J.
ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS
Defendants have brought motions to dismiss the claims of Lead Plaintiff Fitbit Investor Group. Dkt. Nos. 107, 110. Pursuant to Civil Local Rule 7-l(b), the Court determines that this matter is appropriate for resolution without oral argument and VACATES the hearing set for October 28, 2016. For the reasons set forth below, the Court DENIES defendants’ motions to dismiss.
BACKGROUND
I. Factual Background
The following allegations are taken from the Amended Complaint, which the Court must treat as true for purposes of this motion. This matter arose in connection with Fitbit’s marketing of its heart rate tracking devices and its initial public offering (“IPO”). Fitbit manufactures and provides wearable fitness-tracking devices. Dkt. No. 89, Am. Compl. (“AC”) ¶34. Fit-bit’s products monitor a user’s fitness level by tracking daily activity statistics, including steps taken, distance traveled, calories burned, and stairs climbed. Id.
In an October 27, 2014 press release, Fitbit announced its new “proprietary Pu-rePulse optical heart rate technology” (“PurePulse”), which claimed to provide “continuous and automatic wrist-based heart rate…