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`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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`Inv. No. 337-TA-1277
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`Order No. 16
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`On March 2, 2022, respondents Resideo Technologies, Inc., Resideo Smart Homes
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`Technology (Tianjun), Itron Inc., and ecobee, Inc. filed a motion to compel complainant Causam
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`Enterprises, Inc. (“Causam”) to produce certain documents and deposition testimony related to
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`ownership of the asserted patents. Motion Docket No. 1277-24. On March 3, 2022, respondents
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`filed a “Motion for Leave to File Corrected Exhibits in Their Motion to Compel.” Motion
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`Docket No. 1277-25. Motion No. 1277-25 is granted.
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`On March 14, 2022, Causam filed a response in opposition to the motion to compel.
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`On March 24, 2022, Causam filed an “Unopposed Motion for Leave to File Corrected
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`Exhibits in Their Opposition to Motion Compel.” Motion Docket No. 1277-27. Motion No.
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`1277-27 is granted.
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`Patent ownership is a disputed issue in this investigation. Respondents have shown the
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`need to compel some, but not all, of the documents and information at issue.
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`It has not been shown that discovery of legal opinions and related communications
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`should be compelled. It has not been shown that such information is relevant. Causam
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`represents that it will not rely on opinions of counsel. Furthermore, privilege was asserted
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`during the deposition of Mr. Forbes. See, e.g., Opp’n at 5-6. In addition, Causam has pointed
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`out that some aspects of relevancy were addressed in connection with the motion to disqualify
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`Alston and Bird, which was denied in Order No. 8.
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`Nevertheless, Causam shall immediately produce documents or other communications
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`leading up to the execution of the 2013 settlement agreement between Mr. Forbes and
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`Landis+Gyr. Causam shall also immediately produce non-privileged documents or other
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`communications within its possession, custody, or control that relate to prior litigation involving
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`Mr. Forbes to the extent that they pertain to ownership of the patents asserted in this
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`investigation. If respondents seek further deposition testimony from Mr. Forbes concerning any
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`of the aforementioned discovery, a deposition shall take place by May 17, 2022.
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`Accordingly, Motion No. 1277-24 is granted in part.
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`So ordered.1
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`David P. Shaw
`Administrative Law Judge
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`Issued: May 6, 2022
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`1 The parties are reminded to comply with Ground Rules 5.k and 5.m.
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`2
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