Fitbit, Wahoo Fall Short of Axing Pedometer Patent (2)

Fitbit and fellow fitness technology provider Wahoo Fitness LLC got mixed results in trying to ax claims in patents held by Blackbird Tech LLC.

The Patent Trial and Appeal Board March 12 upheld two claims in a Blackbird patent for a pedometer secured to a user, after Fitbit and Wahoo fell short in arguing that the claims couldn’t be patented because they are obvious and anticipated, or not novel. The board knocked out a third claim, however, as obvious due to prior art.

The decision is significant in that it largely upholds Blackbird’s patent infringement lawsuits against FitBit and Wahoo, ...