[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65421-65422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25789]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1185]


Certain Smart Thermostats, Smart HVAC Systems, and Components 
Thereof 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 October 23, 2019, under section 
337 of the Tariff Act of 1930, as amended, on behalf of EcoFactor, Inc. 
of Palo Alto, California. 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, smart HVAC systems, and components thereof 
by reason of infringement of certain claims of U.S. Patent No. 
8,131,497 (``the '497 patent''); U.S. Patent No. 8,423,322 (``the '322 
patent''); U.S. Patent No. 8,498,753 (``the '753 patent''); and U.S. 
Patent No. 10,018,371 (``the '371 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

[[Page 65422]]

therein, is available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Room 112, Washington, 
DC 20436, telephone (202) 205-2000. 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 https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

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 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 21, 2019, 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 1-12 of the '497 patent; claims 1-7 of the '322 patent; claims 
1-20 of the '753 patent; and claims 1-24 of the '371 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, 
smart HVAC (heating, ventilation, and air conditioning) systems, 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: EcoFactor, Inc., 441 California Avenue, 
Number 2, Palo Alto, CA 94301.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and is/are the parties upon which the 
complaint is to be served:

Ecobee Ltd., 207 Queens Quay West, Suite 600, Toronto, ON M5J 1A7.
Ecobee, Inc., 207 Queens Quay West, Suite 600, Toronto, ON M5J 1A7.
Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043.
Alarm.com Incorporated, 8281 Greensboro Drive, Suite 100, Tysons, VA 
22102.
Alarm.com Holdings, Inc., 8281 Greensboro Drive, Suite 100, Tysons, VA 
22102.
Daikin Industries, Ltd., Umeda Center Bldg., 2-4-12, Nakazaki-Nishi, 
Kita-ku, Osaka 530-8323, Japan.
Daikin America, Inc., 20 Olympic Drive, Orangeburg, NY 10962.
Daikin North America LLC, 5151 San Felipe, Suite 500, Houston, TX 
77056.
Schneider Electric USA, Inc., 800 Federal Street, Andover, MA 01810.
Schneider Electric SE, 35, rue Joseph Monier--CS 30323, F-92506 Rueil-
Malmaison Cedex, France.
Vivint, Inc., 4931 North 300 West, Provo, UT 84604.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the 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), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission 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 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 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: November 22, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-25789 Filed 11-26-19; 8:45 am]
BILLING CODE 7020-02-P