UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
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`In the Matter of
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`CERTAIN SMART THERMOSTATS, LOAD
`CONTROL SWITCHES, AND
`COMPONENTS THEREOF
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`Investigation No. 337-TA-1277
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`NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW AN INITIAL
`DETERMINATION GRANTING AN UNOPPOSED MOTION TO AMEND THE
`COMPLAINT AND NOTICE OF INVESTIGATION AND TO TERMINATE THE
`INVESTIGATION AS TO A RESPONDENT AND CERTAIN PATENT CLAIMS
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`AGENCY: U.S. International Trade Commission.
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`ACTION: Notice.
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission
`(“Commission”) has determined not to review an initial determination (“ID”) (Order No. 12) of
`the presiding administrative law judge (“ALJ”) granting an unopposed motion by Complainant to
`(1) amend the complaint and notice of investigation to substitute new respondent Ademco Inc. of
`Melville, New York (“Ademco”) for respondent Resideo Technologies, Inc. of Austin, Texas
`(“Resideo Technologies”) and (2) to terminate the investigation as to respondent Itron
`Distributed Energy Management, Inc. of Liberty Lake, Washington (“Itron Distributed”); claim
`21 of U.S. Patent No. 8,805,552 (“the ’552 patent”); claims 5, 14, and 17 of U.S. Patent No.
`9,678,522 (“the ’522 patent”); claims 5, 13, and 16 of U.S. Patent No. 10,394,268 (“the ’268
`patent”); and claims 8 and 9 of U.S. Patent No. 10,396,592 (“the ’592 patent”) based upon
`withdrawal of the allegations in the complaint.
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`FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
`telephone (202) 205-3179. Copies of non-confidential documents filed in connection with this
`investigation may be viewed on the Commission’s electronic docket (EDIS) at
`https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General
`information concerning the Commission may also be obtained by accessing its Internet server at
`https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can
`be obtained by contacting the Commission’s TDD terminal, telephone (202) 205-1810.
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`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
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`components thereof by reason of infringement of one or more of claims 1–9, 16, 19–21, 23–28,
`and 30 of the ’552 patent; claims 1–8, 10, 13–17, 19–23, and 25–29 of the ’522 patent; claims 1–
`11, 13–16, 18, and 19 of the ’268 patent; and claims 1, 2, 8, 9, 11, 13, 14, and 17 of the ’592
`patent. Id. The Commission’s notice of investigation named the following nine entities as
`respondents: Alarm.com Holdings, Inc. of Tysons, Virginia; Alarm.com Inc. of Tysons,
`Virginia; Ecobee, Inc. of Toronto, Ontario, Canada; EnergyHub, Inc. of Brooklyn, New York;
`Itron, Inc. of Liberty Lake, Washington; Itron Distributed; Resideo Smart Homes Technology
`(Tianjin) of Tianjin, China; 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.
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`On December 10, 2021, the ALJ issued Order No. 7 terminating the investigation as to
`Xylem. Order No. 7 (Dec. 10, 2021), unreviewed by Comm’n Notice (Jan. 10, 2022).
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`On February 24, 2022, Causam moved pursuant to 19 CFR 210.14(b) and 210.21(a), to
`(1) amend the Complaint and Notice of Investigation to add Proposed Respondent Ademco and
`to withdraw the Complaint as to 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 relevant allegations in the complaint.
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`On April 23, 2022, the ALJ issued the subject ID (Order No 12) granting the motion.
`The ID observed that Commission Rule 210.14(b) provides that “[a]fter an investigation has
`been instituted, the complaint or notice of investigation may be amended only by leave of the
`Commission for good cause shown and upon such conditions as are necessary to avoid
`prejudicing the public interest and the rights of the parties to the investigation.” ID at 1. The ID
`found that good cause exists to amend the complaint and notice of investigation to substitute
`Ademco for Resideo Technologies, a related company, and that this amendment would not
`prejudice the public interest or the rights of the parties to the investigation. Id. at 2.
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`Regarding the partial termination of the investigation, the ID noted that Commission Rule
`210.21(a)(1) provides that “[a]ny party may move at any time prior to the issuance of an initial
`determination on violation . . . for an order to terminate an investigation in whole or in part as to
`any or all respondents, on the basis of withdrawal of the complaint or certain allegations
`contained therein . . . .” 19 CFR 210.21(a)(1). The ID noted that Itron Distributed merged with
`Itron, Inc. in 2017 and is therefore no longer in existence. ID at 3. The ID found that in
`compliance with 19 CFR 210.21(a)(1), Causam states that “there are no other agreements,
`written or oral, express or implied between Causam and Itron Distributed Energy Management,
`Inc. concerning the subject matter of the investigation.” Id. at 4. The ID further found that
`“there are no extraordinary circumstances that warrant denying the motion.” Id. No one
`petitioned for review of the subject ID.
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`The Commission has determined not to review the subject ID. Ademco is hereby named
`as a respondent in the investigation. The investigation is hereby terminated as to Resideo
`Technologies; 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.
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`The Commission vote for this determination took place on May 17, 2022.
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`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).
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`By order of the Commission.
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`Issued: May 17, 2022
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`Lisa R. Barton
`Secretary to the Commission
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