Notice2023-03703
Certain Smart Thermostats, Load Control Switches, and Components Thereof; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337, and on Review, To Affirm With Certain Modifications; Termination of the Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 23, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to review in part a final initial determination ("ID") of the presiding administrative law judge ("ALJ"), finding no violation of section 337, and on review, to affirm with certain modifications set forth herein. The investigation is terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 36 (Thursday, February 23, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11473-11474]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03703]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1277]
Certain Smart Thermostats, Load Control Switches, and Components
Thereof; Notice of a Commission Determination To Review in Part a Final
Initial Determination Finding No Violation of Section 337, and on
Review, To Affirm With Certain Modifications; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to review in part a final
initial determination (``ID'') of the presiding administrative law
judge (``ALJ''), finding no violation of section 337, and on review, to
affirm with certain modifications set forth herein. The investigation
is terminated.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3042. 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#1c5958554f2f5479706c5c696f75687f327b736a"><span class="__cf_email__" data-cfemail="e3a6a7aab0d0ab868f93a396908a9780cd848c95">[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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On September 2, 2021, the Commission
instituted this investigation based on a complaint filed by Causam
Enterprises, Inc. (``Causam'') of Raleigh, North Carolina. 86 FR 49345-
46 (Sept. 2, 2021). The complaint alleged violations of section 337
based on the importation into the United States, the sale for
importation, or 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 of claims 1-9, 16, 19-
21, 23-28, and 30 of U.S. Patent No. 8,805,552 (``the '552 patent'');
claims 1-8, 10, 13-17, 19-23, and 25-29 of U.S. Patent No. 9,678,522
(``the '522 patent''); claims 1-11, 13-16, 18, and 19 of U.S. Patent
No. 10,394,268
[[Page 11474]]
(``the '268 patent''); and claims 1, 2, 8, 9, 11, 13, 14, and 17 of
U.S. Patent No. 10,396,592 (``the '592 patent'') (collectively,
``Asserted Patents''). Id. The Commission's notice of investigation
named the following nine entities as respondents: <a href="http://Alarm.com">Alarm.com</a> Holdings,
Inc. of Tysons, Virginia; <a href="http://Alarm.com">Alarm.com</a> Inc. of Tysons, Virginia; Ecobee,
Inc. of Toronto, Ontario, Canada; EnergyHub, Inc. of Brooklyn, New
York; Itron, Inc. of Liberty Lake, Washington; Itron Distributed Energy
Management, Inc. of Liberty Lake, Washington (``Itron Distributed'');
Resideo Smart Homes Technology (Tianjin) of Tianjin, China; Resideo
Technologies, Inc. of Austin, Texas (``Resideo Technologies''); and
Xylem Inc., of Rye Brook, New York (``Xylem''). The Office of Unfair
Import Investigations was not named as a party in this investigation.
Id.
On December 10, 2021, the ALJ issued an ID granting a motion to
terminate the investigation as to Xylem based upon settlement. Order
No. 7 (Dec. 10, 2021), unreviewed by Comm'n Notice (Jan. 10, 2022).
On April 21, 2022, the ALJ issued an ID granting a motion (1) to
amend the complaint and notice of investigation to substitute new
respondent Ademco Inc. of Melville, New York for respondent Resideo
Technologies and (2) to terminate the investigation as to respondent
Itron Distributed; claim 21 of the '552 patent; claims 5, 14, and 17 of
the '522 patent; claims 5, 13, and 16 of the '268 patent; and claims 8
and 9 of the '592 patent based upon withdrawal of the allegations in
the complaint. Order No. 12 (Apr. 21, 2022), unreviewed by Comm'n
Notice (May 17, 2022).
The Chief ALJ (``CALJ'') held an evidentiary hearing from June 28-
July 1, 2022 and received post-hearing briefs thereafter (this
investigation was reassigned from ALJ Shaw to Chief ALJ Cheney on June
17, 2022).
On November 16, 2022, the CALJ issued the final ID finding no
violation of section 337 as to the asserted patent claims. The ID found
that by appearing and participating in the investigation and not
contesting jurisdiction, the parties have consented to personal
jurisdiction at the Commission. ID at 17. The ID also found that the
Commission has in rem jurisdiction over the accused products. Id. The
ID further found that the importation requirement under 19 U.S.C.
1337(a)(1)(B) is satisfied. Id. at 16 (citing JX-0015C, JX-0016C, JX-
0017C, JX-0018C (stipulations between the parties as to importation)).
The ID, however, found that Causam failed to demonstrate that it has
standing to assert a claim of infringement for any of the Asserted
Patents. Id. at 17-26. The ID also found that Causam failed to prove
infringement of the asserted claims, and that Respondents failed to
show that any of the asserted claims are invalid. Id. at 40-120, 177-
224. Finally, the ID found that Causam proved the existence of a
domestic industry that practices the Asserted Patents as required by 19
U.S.C. 1337(a)(2). Id. at 120-177. The ID included the CALJ's
recommended determination on remedy and bonding (``RD''). The RD
recommended that, should the Commission find a violation, issuance of a
limited exclusion order and cease and desist orders would be
appropriate. ID/RD at 225-230. The RD also recommended imposing a bond
in the amount of one hundred percent (100%) of entered value for
covered products imported during the period of Presidential review. Id.
at 230-32.
On November 28, 2022, Causam filed a petition for review of the ID
and Respondents filed a contingent petition for review of the ID. On
December 6, 2022, the parties filed responses to the petitions.
Having reviewed the record of the investigation, including the
final ID, the parties' submissions, the petitions for review, and the
response thereto, the Commission has determined to review the final ID
in part. Specifically, the Commission has determined to review (1) the
final ID's findings as to Causam's standing to assert infringement of
the asserted patents; (2) the final ID's findings on obviousness; and
(3) the final ID's domestic industry findings.
The Commission, upon review, takes no position on (1) whether
Causam has standing to assert infringement of the asserted patents; (2)
whether the asserted patent claims are invalid for obviousness; and (3)
whether Causam satisfied the technical or economic prongs of the
domestic industry requirement. The Commission adopts all findings in
the final ID that are not inconsistent with the Commission's
determination.
The investigation is terminated with a finding of no violation
of section 337.
The Commission vote for this determination took place on
February 16, 2023.
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: February 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-03703 Filed 2-22-23; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.