`Washington, D.C.
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`In the Matter of
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`CERTAIN IP CAMERA SYSTEMS
`INCLUDING VIDEO DOORBELLS
`AND COMPONENTS THEREOF
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`Inv. No. 337-TA-1242
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`NOTICE OF INSTITUTION OF INVESTIGATION
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`Institution of Investigation Pursuant to 19 U.S.C. 1337
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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 a complaint was filed with the U.S. International
`Trade Commission on December 18, 2020, under section 337 of the Tariff Act of 1930, as
`amended, on behalf of SkyBell Technologies, Inc. of Irvine, California; SB IP Holdings, LLC of
`Irvine, California; and Eyetalk365, LLC of Cornelius, North Carolina. A supplement was filed
`on January 6, 2021. 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 IP camera systems including video doorbells and components thereof by
`reason of infringement of certain claims of U. S. Patent No. 9,432,638 (“the ’638 patent”); U.S.
`Patent No. 9,485,478 (“the ’478 patent”); U.S. Patent No. 10,097,796 (“the ’796 patent”); U.S.
`Patent No. 10,097,797 (“the ’797 patent”); U.S. Patent No. 10,200,660 (“the ’660 patent”); U.S.
`Patent No. 10,523,906 (“the ’906 patent”); and U.S. Patent No. 10,674,120 (“the ’120 patent”).
`The complaint further alleges that an industry in the United States exists as required by the
`applicable Federal Statute.
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`The complainants request that the Commission institute an investigation and, after the
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`investigation, issue a limited exclusion order and cease and desist orders.
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`ADDRESSES: The complaint, except for any confidential information contained therein, may
`be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help
`accessing EDIS, please email EDIS3Help@usitc.gov. 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.
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`FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket Services,
`U.S. International Trade Commission, telephone (202) 205-1802.
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`SUPPLEMENTARY INFORMATION:
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`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 C.F.R. 210.10 (2020).
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`SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International
`Trade Commission, on January 25, 2021, ORDERED THAT –
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`(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 claim 6 of the ’638 patent; claims 9-11 and 17 of the ’478 patent;
`claims 3 and 7 of the ’796 patent; claims 6, 8, and 9 of the ’797 patent; claims 9, 13, 14, 16, and
`18 of the ’660 patent; claims 9, 13, and 18 of the ’906 patent; and claim 1 of the ’120 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
`C.F.R. 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 “Video Doorbells and IP
`Cameras including components and internal software that comprise a camera and motion sensor
`and interface with a software application used on smartphones and/or remote devices”;
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`(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 complainants are:
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`
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`SkyBell Technologies, Inc.
`1 Jenner #100
`Irvine, CA 92618
`
`SB IP Holdings, LLC
`1 Jenner #100
`Irvine, CA 92618
`
`Eyetalk365, LLC
`12213 Potts Plantation Circle
`Cornelius, NC 28031
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`(b) The respondents are the following entities alleged to be in violation of section
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`337, and are the parties upon which the complaint is to be served:
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`Vivint Smart Home, Inc.
`4931 North 300 West
`Provo, UT 84604
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`SimpliSafe, Inc.
`294 Washington Street, 9th Floor
`Boston, MA 02108
`
`Arlo Technologies Inc.
`3030 Orchard Parkway
`San Jose, CA 95134
`
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`(4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International
`Trade Commission, shall designate the presiding Administrative Law Judge.
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`The Office of Unfair Import Investigations will not be named as a party to this
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`investigation.
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`Responses to the complaint and the notice of investigation must be submitted by the
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`named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and
`Procedure, 19 C.F.R. 210.13. Pursuant to 19 C.F.R. 201.16(e) and 210.13(a), as amended in 85
`Fed. Reg. 15798 (March 19, 2020), such responses will be considered by the Commission if
`received not later than 20 days after the date of service by the complainants 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.
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`Failure of a respondent to file a timely response to each allegation in the complaint and in
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`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.
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`By order of the Commission.
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`Issued: January 25, 2021
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`Lisa R. Barton
`Secretary to the Commission
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`3
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`
`Inv. No. 337-TA-1242
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`CERTAIN IP CAMERA SYSTEMS INCLUDING VIDEO
`DOORBELLS AND COMPONENTS THEREOF
`
`
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached INSTITUTION OF
`INVESTIGATION has been served upon the following parties as indicated, on January 25,
`2021.
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`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
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`Complainants:
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`SkyBell Technologies, Inc.
`1 Jenner #100
`Irvine, CA 92618
`
`
`SB IP Holdings, LLC
`1 Jenner #100
`Irvine, CA 92618
`
`
`Eyetalk365, LLC
`12213 Potts Plantation Circle
`Cornelius, NC 28031
`
`
`On Behalf of Complainants:
`
`Rett Snotherly, Esq.
`LEVI & SNOTHERLY, PLLC
`1101 Connecticut Avenue, NW, Suite 450
`Washington, DC 20036
`Email: rsnotherly@levisnotherly.com
`
`Respondents:
`
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`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☒ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☒ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
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`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
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`CERTAIN IP CAMERA SYSTEMS INCLUDING VIDEO
`DOORBELLS AND COMPONENTS THEREOF
`
`Certificate of Service – Page 2
`
`Vivint Smart Home, Inc.
`4931 North 300 West
`Provo, UT 84604
`
`
`SimpliSafe, Inc.
`294 Washington Street, 9th Floor
`Boston, MA 02108
`
`
`Arlo Technologies Inc.
`3030 Orchard Parkway
`San Jose, CA 95134
`
`
`Government Agencies:
`
`Lynda Marshall
`International Section, Antitrust Division
`U.S. Department of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`U.S. Bureau of Customs and Border Protection
`Intellectual Property Rights Branch
`Mint Annex Building
`799 9th Street, NW, 7th floor
`Washington, DC 20229
`
`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of International Affairs
`Federal Trade Commission
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`
`Dale D. Berkley, Ph.D., J.D.
`Office of the General Counsel, PHD, NIH Branch
`
`
`
`Inv. No. 337-TA-1242
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainants
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainants
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainants
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
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`
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`CERTAIN IP CAMERA SYSTEMS INCLUDING VIDEO
`DOORBELLS AND COMPONENTS THEREOF
`
`Certificate of Service – Page 3
`National Institutes of Health
`31 Center Drive
`Bldg. 31, Rm. 47
`Bethesda, MD 20892
`
`
`Inv. No. 337-TA-1242
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`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`
`January 25, 2021
`
`
`
`Rhett Snotherly
`Levi & Snotherly, PLLC
`1101 Connecticut Avenue, NW Suite 450
`Washington, DC 20036
`
`Re: Certain IP Camera Systems including Video Doorbells and Components
`Thereof
`Inv. No. 337-TA-1242
`
`
`
`Dear Rhett Snotherly:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`
`
`
`
`Sincerely,
`
`
`
`
`
`Enclosures:
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`Lisa R. Barton
`Secretary
`
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`
`January 25, 2021
`
`
`
`SkyBell Technologies, Inc.
`1 Jenner #100
`Irvine, CA 92618
`
`Re: Certain IP Camera Systems including Video Doorbells and Components
`Thereof
`Inv. No. 337-TA-1242
`
`
`
`Dear Sir/Madam:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`
`
`
`
`Sincerely,
`
`
`
`
`
`Enclosures:
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`Lisa R. Barton
`Secretary
`
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`
`January 25, 2021
`
`
`
`SB IP Holdings, LLC
`1 Jenner #100
`Irvine, CA 92618
`
`Re: Certain IP Camera Systems including Video Doorbells and Components
`Thereof
`Inv. No. 337-TA-1242
`
`
`
`Dear Sir/Madam:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`
`
`
`
`Sincerely,
`
`
`
`
`
`Enclosures:
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`Lisa R. Barton
`Secretary
`
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`
`January 25, 2021
`
`
`
`Eyetalk365, LLC
`12213 Potts Plantation Circle
`Cornelius, NC 28031
`
`Re: Certain IP Camera Systems including Video Doorbells and Components
`Thereof
`Inv. No. 337-TA-1242
`
`
`
`Dear Sir/Madam:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`
`
`
`
`Sincerely,
`
`
`
`Lisa R. Barton
`Secretary
`
`
`
`
`
`Enclosures:
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`January 25, 2021
`
`
`Vivint Smart Home, Inc.
`4931 North 300 West
`Provo, UT 84604
`Re: Certain IP Camera Systems including Video Doorbells and Components Thereof
`Inv. No. 337-TA-1242
`
`
`Dear Sir/Madam:
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Vivint
`Smart Home, Inc. is a named respondent in this investigation.
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`
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`
`Sincerely,
`
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`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`
`
`Lisa R. Barton
`Secretary
`
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`January 25, 2021
`
`
`SimpliSafe, Inc.
`294 Washington Street, 9th Floor
`Boston, MA 02108
`Re: Certain IP Camera Systems including Video Doorbells and Components Thereof
`Inv. No. 337-TA-1242
`
`
`Dear Sir/Madam:
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). SimpliSafe,
`Inc. is a named respondent in this investigation.
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
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`Sincerely,
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`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`
`
`Lisa R. Barton
`Secretary
`
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`January 25, 2021
`
`
`Arlo Technologies Inc.
`3030 Orchard Parkway
`San Jose, CA 95134
`Re: Certain IP Camera Systems including Video Doorbells and Components Thereof
`Inv. No. 337-TA-1242
`
`
`Dear Sir/Madam:
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Arlo
`Technologies Inc. is a named respondent in this investigation.
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
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`Sincerely,
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``
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`
`
`
`Lisa R. Barton
`Secretary
`
`
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`
`January 25, 2021
`
`
`
`Lynda Marshall
`International Section
`Antitrust Division
`U.S. Dept of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`Re: Certain IP Camera Systems including Video Doorbells and Components
`Thereof
`Inv. No. 337-TA-1242
`
`
`Dear Ms. Marshall:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`
`Sincerely,
`
`
`
`
`
`
`
` Lisa R. Barton
`
`
`
`
`
` Secretary
`Enclosure:
` 1. Notice of Investigation
`
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`
`January 25, 2021
`
`
`
`Intellectual Property Rights Branch
`Regulations and Rulings
`Office of International Trade
`U.S. Customs and Border Protection
`90 K Street, NE, 10th floor
`Washington, DC 20229-1177
`
`Re: Certain IP Camera Systems including Video Doorbells and Components
`Thereof
`Inv. No. 337-TA-1242
`
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`
`Sincerely,
`
`
`
`
`
`
`
` Lisa R. Barton
`
`
`
`
`
` Secretary
`Enclosure:
` 1. Notice of Investigation
`
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`
`January 25, 2021
`
`
`
`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of
`International Affairs
`Federal Trade Commission
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`
`Re: Certain IP Camera Systems including Video Doorbells and Components
`Thereof
`Inv. No. 337-TA-1242
`
`
`
`Dear Ms. Kraus:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`
`Sincerely,
`
`
`
`
`
`
`
` Lisa R. Barton
`
`
`
`
`
` Secretary
`Enclosure:
` 1. Notice of Investigation
`
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
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`WASHINGTON, DC 20436
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`January 25, 2021
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`Dale D. Berkley, Ph.D., J.D.
`Office of the General Counsel, PHD, NIH Branch
`National Institutes of Health
`31 Center Drive
`Bldg. 31, Rm. 47
`Bethesda, MD 20892
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`Re: Certain IP Camera Systems including Video Doorbells and Components
`Thereof
`Inv. No. 337-TA-1242
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`Dear Mr. Berkley:
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`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
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`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
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`Sincerely,
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` Lisa R. Barton
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` Secretary
`Enclosure:
` 1. Notice of Investigation
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