Notice2021-25061
Certain IP Camera Systems Including Video Doorbells and Components Thereof; Notice of a Commission Determination To Review an Initial Determination Terminating the Investigation in Its Entirety Due to the Invalidity of the Asserted Patents and on Review To Affirm; Termination of Investigation
Primary source
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Published
November 17, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to review an initial determination ("ID") (Order No. 16) of the presiding administrative law judge ("ALJ"), terminating the investigation in its entirety due to the invalidity of the asserted patents, and on review to affirm the ID. This investigation is hereby terminated.
Full Text
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<title>Federal Register, Volume 86 Issue 219 (Wednesday, November 17, 2021)</title>
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[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Page 64230]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25061]
[[Page 64230]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1242]
Certain IP Camera Systems Including Video Doorbells and
Components Thereof; Notice of a Commission Determination To Review an
Initial Determination Terminating the Investigation in Its Entirety Due
to the Invalidity of the Asserted Patents and on Review To Affirm;
Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to review an initial
determination (``ID'') (Order No. 16) of the presiding administrative
law judge (``ALJ''), terminating the investigation in its entirety due
to the invalidity of the asserted patents, and on review to affirm the
ID. This investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3427. Copies of non-
confidential documents filed in connection with this investigation 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#9dd8d9d4ceaed5f8f1eddde8eef4e9feb3faf2eb"><span class="__cf_email__" data-cfemail="bafffef3e989f2dfd6cafacfc9d3ced994ddd5cc">[email protected]</span></a>. 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>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On January 28, 2021, the Commission
instituted this investigation based on a complaint filed by SkyBell
Technologies, Inc. of Irvine, California; SB IP Holdings, LLC of
Irvine, California; and Eyetalk365, LLC of Cornelius, North Carolina
(collectively, ``Complainants''). 86 FR 7412 (Jan. 28, 2021). The
complaint, as supplemented, alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, due to the importation
into the United States, sale for importation, or sale in the United
States after importation of certain IP camera systems including video
doorbells and components thereof by reason of infringement of certain
claims of U.S. Patent Nos. 9,432,638; 9,485,478; 10,097,796;
10,097,797; 10,200,660; 10,523,906; and 10,674,120. Id. The complaint
also alleged the existence of a domestic industry. Id. The notice of
investigation named as respondents Vivint Smart Home, Inc. of Provo,
Utah; SimpliSafe, Inc. of Boston, Massachusetts, and Arlo Technologies
Inc. of San Jose, California (collectively, ``Respondents''). Id. The
Office of Unfair Import Investigations was not named as a party. Id.
On May 21, 2021, Respondents filed a motion for summary
determination that all patent claims asserted in this investigation are
invalid as anticipated. On June 3, 2021, Complainants filed a brief in
opposition to the motion.
On September 15, 2021, the presiding ALJ issued the subject ID
(Order No. 16) granting the motion. The ID found that there was no
genuine issue of material fact as to whether the asserted patents are
invalid and that Respondents were entitled to a finding of invalidity
as a matter of law.
On September 27, 2021, Complainants filed a petition for review. On
October 4, 2021, Respondents filed a response thereto.
The Commission has determined to review the subject ID. The
Commission notes that the ID applied the current version of 35 U.S.C.
111, as amended by the America Invents Act (``AIA''). Because the
claims of United States Patent Application No. 14/338,525 (``the '525
application'') have an effective filing date before March 16, 2013, the
pre-AIA statutory provision should have been applied, but that error is
harmless and does not change the outcome. On review, the Commission
affirms the ID's findings under the pre-AIA version of 35 U.S.C. 111.
The Commission also notes that the relevant provision of 35 U.S.C. 120
did not change with the AIA. Vice Chair Stayin joins the Commission's
determination to affirm the ID, based on his view that the '525
application was abandoned no later than the expiration of the deadline
to request an extension under 37 CFR 1.136(a), i.e., March 4, 2015. The
investigation is hereby terminated in its entirety.
The Commission vote for this determination took place on November
10, 2021.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: November 10, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-25061 Filed 11-16-21; 8:45 am]
BILLING CODE 7020-02-P
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