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con­tinue to dem-emon­strate the mer­its ofof our le­gal po­si­tion in court.”

Jaw­bone’s ini­tial com­plaint in Cal­i­for­nia named five for­mer work­ersers who, Jaw­bone says, took more than 300,000 in­ter­nal doc­u­ments, in­clud­ing de­signs and mar­ket­ing plans, to Fit­bit. Jaw­bone says it’s since learned of an­other for­mer em­ployee who sent con­fi­den­tial com­pany in­for­ma­tion to her Fit­bit e-mail ac­count. “Fit­bit can char­ac­ter­ize our re­spec­tive le­gal ac­tions as it so chooses,” Jaw­bone said in an e-mail. “But the real is­sue at hand is that the de­fen­dants were im­prop­erly in pos­ses­sion of more than 300,000 doc­u­ments that are the prop­erty of Jaw­bone.”

Fit­bit has claimed it has no need to steal ideas from Jaw­bone. The com­pany has asked the Cal­i­for­nia judge to throw out the trade-se­crets suit, say­ing it had noth­ing to do with any doc­u­ments re­tained by Jaw­bone work­ers.

In the trade case, Fit­bit has got­ten the com­mis­sion to whit­tle Jaw­bone’s claims down to two pa­tents from six. The com­pany is try­ing to in­val­i­date the re­main­ing two be­fore the claims are heard by the trade com­mis­sion in May. If Fit­bit suc­ceeds in get­ting all the pa­tent claims tossed, that would leave just some trade- se­cret al­le­ga­tions for the com­mis­sion to rule on, in­clud­ing that Fit­bit’s man­u­fac­turer, Flex­tron­ics In­ter­na­tional, used de­sign

in­for­ma­tion it At­tracts a higher pro­por­tion of Repub­li­cans

learned when it was work­ing for Jaw­bone.

Should the com­mis­sion de­cide against ei­ther Fit­bit or Jaw­bone— or both—and im­pose im­port bans, they can ap­peal to the U. S. Court of Ap­peals for the Fed­eral Cir­cuit in Wash­ing­ton, the na­tion’s top pa­tent court. The com­pa­nies can also try to per­suade the Obama ad­min­is­tra­tion, which au­to­mat­i­cally re­views trade

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