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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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