On March 7, 2022, the ITC issued a Notice of Investigation in Certain Electronic Exercise Systems, Stationary Bicycles and Components Thereof and Products Including Same (Inv. No. 337-TA-1305).
By way of background, this investigation is based on a February 2, 2022 complaint filed by iFIT Inc. (FKA ICON Health & Fitness, Inc.) of Logan, Utah alleging violations of section 337 by Respondents Peloton Interactive, Inc. of New York, New York and Peloton Interactive UK Ltd. of London, England in the unlawful importation/sale of certain electronic exercise systems, stationary bicycles and components thereof and products including same by reason of infringement of certain claims of U.S. Patent No. 11,013,960. The complaint also identified Tonic Fitness Technology, Inc. and Rexon Industrial Corp. Ltd. (both of Taiwan) as proposed respondents; however, following a request from the Office of Unfair Import Investigations ("OUII") to supplement the complaint with "specific instances of alleged unlawful importations and sales" for these two entities, neither was included in the Notice of Investigation. See our February 3, 2022 post for more details regarding the complaint.
According to the Notice, the OUII will not participate as a party in the investigation. Further, Chief ALJ Clark S. Cheney issued a notice indicating that ALJ David P. Shaw will preside in the investigation.
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