Notice2021-18929
Certain Smart Thermostats, Load Control Switches, and Components Thereof; Notice of Institution of Investigation
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Published
September 2, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 28, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Causam Enterprises, Inc. of Raleigh, North Carolina. A supplement to the complaint was filed on August 16, 2021. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain smart thermostats, load control switches, and components thereof by reason of infringement of one or more claims of U.S. Patent No. 8,805,552 ("the '5,552 patent"), U.S. Patent No. 9,678,522 ("the '8,522 patent"), U.S. Patent No. 10,394,268 ("the '268 patent"), and U.S. Patent No. 10,396,592 ("the '592 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
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[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49345-49346]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18929]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1277]
Certain Smart Thermostats, Load Control Switches, and Components
Thereof; Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 28, 2021, under section 337
of the Tariff Act of 1930, as amended, on behalf of Causam Enterprises,
Inc. of Raleigh, North Carolina. A supplement to the complaint was
filed on August 16, 2021. The complaint alleges violations of section
337 based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain smart thermostats, load control switches, and components
thereof by reason of infringement of one or more claims of U.S. Patent
No. 8,805,552 (``the '5,552 patent''), U.S. Patent No. 9,678,522 (``the
'8,522 patent''), U.S. Patent No. 10,394,268 (``the '268 patent''), and
U.S. Patent No. 10,396,592 (``the '592 patent''). The complaint further
alleges that an industry in the United States exists as required by the
applicable Federal Statute. The complainant requests that the
Commission institute an investigation and, after the investigation,
issue a limited exclusion order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#1550515c46265d7079655560667c61763b727a63"><span class="__cf_email__" data-cfemail="d590919c86e69db0b9a595a0a6bca1b6fbb2baa3">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on August 26, 2021, ordered
that --
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-9, 16, 19-21, 23-28, and 30 of the '5,552 patent, claims 1-8,
10, 13-17, 19-23, and 25-29 of the '8,522 patent, claims 1-11, 13-16,
and 18-19 of the '268 patent, and claims 1-2, 8-9, 11, 13-14, and 17 of
the '592 patent; and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``smart thermostats
and load control switches with Demand Response functionality and
components thereof'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
Causam Enterprises, Inc., 8480 Honeycutt Road, Suite 200, Raleigh, NC
27615.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
<a href="http://Alarm.com">Alarm.com</a> Holdings, Inc., 8281 Greensboro Drive, Suite 100, Tysons, VA
22102.
<a href="http://Alarm.com">Alarm.com</a> Inc., 8281 Greensboro Drive, Suite 100, Tysons, VA 22102.
Ecobee, Inc., 25 Dockside Drive, Suite 600, Toronto, ON M5A OB5,
Canada.
EnergyHub, Inc., 41 Flatbush Ave., Suite 400A, Brooklyn, NY 11217,
Itron, Inc., 2111 N. Molter Road, Liberty Lake, WA 99019.
Itron Distributed Energy Management, Inc., 2111 N. Molter Road, Liberty
Lake, WA 99019.
[[Page 49346]]
Resideo Smart Homes Technology (Tianjin), Building 21, Jinbin
Development Area, No. 156 Nanhai Road, Teda, Tianjin 300457, China.
Resideo Technologies, Inc., 901 E. 6th Street, Austin, TX 78702.
Xylem Inc., 1 International Drive, Rye Brook, NY 10573.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations is not a party to this
investigation.
Responses to the amended complaint and the notice of investigation
must be submitted by the named respondents in accordance with section
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR
210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR
15798 (March 19, 2020), such responses will be considered by the
Commission if received not later than 20 days after the date of service
by the complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended complaint and this notice, and to authorize the
administrative law judge and the Commission, without further notice to
the respondent, to find the facts to be as alleged in the amended
complaint and this notice and to enter an initial determination and a
final determination containing such findings, and may result in the
issuance of an exclusion order or a cease and desist order or both
directed against the respondent.
By order of the Commission.
Issued: August 27, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18929 Filed 9-1-21; 8:45 am]
BILLING CODE 7020-02-P
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