FitBit’s main product is wearable activity trackers. The trackers record data about everything from steps taken to hours of sleep. Unfortunately for the company, they have been struggling in recent years. FitBit’s initial public offering on the stock market three years ago had its shares going for $32.50 apiece. Now, those stocks are worth just $7.42 each. Between 2016 and 2017, the company lost approximately $380 million. The number of devices sold tumbled precipitously as well.
No matter how badly off FitBit appears, it seems that Jawbone has it even worse. As of July 2017, they were officially out of business. However, former company executives still seem concerned with the activities of their erstwhile competitor, namely, the poaching of employees and the stealing of trade secrets.
Unfortunately for FitBit, the U.S. Attorney’s Office seems interested too. A federal indictment names six employees, only one of which apparently still works for FitBit, who are accused of stealing trade secrets from Jawbone, and taking those secrets to their new supervisors at FitBit. Each defendant was employed at Jawbone in the period between 2011 and 2015, and all were subject to a confidentiality agreement. The indictment says that FitBit actively recruited the employees of its competitors and then used trade secrets to improve its own technologies.
Acting U.S. Attorney Alex Tse says: “The theft of trade secrets violates federal law, stifles innovation, and injures the rightful owners of that intellectual property,” making it clear that his office plans to prosecute this case with vigor.
The defendants will soon appear in court, and civil litigation between Jawbone and FitBit is still pending. This situation illustrates how critical it is for companies to not only use carefully crafted confidentiality agreements with their employees but also to protect their intellectual property with vigilance.