Of course, Jawbone isn’t selling that many fitness trackers these days either.

Jawbone said Saturday that one part of its legal battle with Fitbit has been resolved.

In a statement to Recode, Jawbone said Fitbit is no longer seeking to block the import of its products. Fitbit had filed a complaint against Jawbone with the U.S. International Trade Commission, a government organization that has the power to stop products from being brought into the country.

“Fitbit has moved to drop its patent case against Jawbone, which had been set for trial in the International Trade Commission in March,” Jawbone said in a statement. “By dismissing this action, Fitbit is no longer seeking to block importation of Jawbone devices, including Jawbone products in development.”

In terminating the ITC case, Fitbit said that Jawbone was in dubious financial shape and no longer selling the fitness products at issue.

“Press reports and other public documents indicate that the demise of Jawbone’s products has created substantial questions regarding Jawbone’s ability to continue to operate,” Fitbit said in this week’s filing.

Fitbit declined to comment beyond the filing.

The case had been losing steam as Jawbone has been pulling back on its fitness tracker products, while some of Fitbit’s patents were invalidated.

Jawbone says it will continue with its own, separate case against Fitbit, which alleges former workers took trade secrets to Fitbit.

Here is Jawbone’s full statement:

“Fitbit has moved to drop its patent case against Jawbone, which had been set for trial in the International Trade Commission in March. By dismissing this action, Fitbit is no longer seeking to block importation of Jawbone devices, including Jawbone products in development. Jawbone believes this case — involving patents already found once to be invalid — should have been dismissed long ago by Fitbit. Fitbit’s pursuit of these baseless claims for so long was to burden Jawbone– an issue to be raised in Jawbone’s antitrust claim against Fitbit. Jawbone’s trade secret case in California state court against Fitbit will move forward to a jury trial in 2017.”

Update: Story updated to include comments from Fitbit’s filing with the U.S. International Trade Commission.


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Author: Ina Fried

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