UNITED STATES INTERNATIONAL TRADE COMMISSION
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`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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`ORDER NO. 4:
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`SETTING TARGET DATE, HEARING DATES, AND
`PRELIMINARY CONFERENCE
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`(February 9, 2021)
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`On January 25, 2021, the Commission issued a Notice of Investigation in this matter
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`upon a complaint, as supplemented, alleging violations of section 337 of the Tariff Act of 1930,
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`as amended, by reason of infringement of certain claims of U. S. Patent No. 9,432,638 (“the ’638
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`patent”); U.S. Patent No. 9,485,478 (“the ’478 patent”); U.S. Patent No. 10,097,796 (“the ’796
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`patent”); U.S. Patent No. 10,097,797 (“the ’797 patent”); U.S. Patent No. 10,200,660 (“the ’660
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`patent”); U.S. Patent No. 10,523,906 (“the ’906 patent”); and U.S. Patent No. 10,674,120 (“the
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`’120 patent”). The Commission ordered that an investigation be instituted to determine “whether
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`there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United
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`States, the sale for importation, or the sale within the United States after importation of certain
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`products . . . by reason of infringement of one or more of claim 6 of the ’638 patent; claims 9-11
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`and 17 of the ’478 patent; claims 3 and 7 of the ’796 patent; claims 6, 8, and 9 of the ’797 patent;
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`claims 9, 13, 14, 16, and 18 of the ’660 patent; claims 9, 13, and 18 of the ’906 patent; and claim
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`1 of the ’120 patent; and whether an industry in the United States exists as required by
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`subsection (a)(2) of section 337.” Notice of Investigation at 2. Pursuant to Commission Rule
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`210.10(b)(1), the accused products are “Video Doorbells and IP Cameras including components
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`and internal software that comprise a camera and motion sensor and interface with a software
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`application used on smartphones and/or remote devices.” Id. The investigation was instituted
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`upon publication of the Notice of Investigation in the Federal Register on Thursday, January 28,
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`2021. 86 Fed. Reg. 7412-13 (2021); see 19 C.F.R. § 210.10(b).
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`The complainants are SkyBell Technologies, Inc. and SB IP Holdings, LLC of Irvine,
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`California, and Eyetalk365, LLC of Cornelius, North Carolina. Notice of Investigation at 2. The
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`respondents are Vivint Smart Home, Inc. of Provo, Utah, SimpliSafe, Inc. of Boston,
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`Massachusetts, and Arlo Technologies Inc. of San Jose, California. Id. at 3.
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`Based upon the issues identified in the complaint and Notice of Investigation and the
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`schedules for other investigations before the Administrative Law Judge, the target date for
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`completion of this investigation shall be Friday, May 27, 2022, which is less than sixteen months
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`after institution of the investigation. See 19 C.F.R. § 210.51(a). Accordingly, the initial
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`determination on alleged violation of section 337 shall be due by Thursday, January 27, 2022.
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`See 19 C.F.R. § 210.42(a)(1)(i).
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`The evidentiary hearing in this investigation shall be held in the week of October 18-22,
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`2021. See 19 C.F.R. § 210.36. Pursuant to Ground Rule 5.2, I have determined that Markman
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`proceedings would be beneficial to this investigation, and a Markman hearing shall be scheduled
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`for Wednesday, June 9, 2021. The parties should prepare a joint technology tutorial that can be
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`filed on the date of the Markman hearing.1
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`1 The Commission building has been closed to the public due to COVID-19, precluding any in-
`person hearings at this time. See USITC Three-Phase Plan to Re-Establish On-Site Business
`Operations at the USITC Building, https://usitc.gov/coronavirus/usitc-three-phase-plan-re-
`establish-on-site-business-operations (June 11, 2020). The parties should be prepared for
`hearings to be held via written submissions, by telephone, or using remote technology.
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`2
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`In accordance with Ground Rule 2.3, the parties shall submit a proposed procedural
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`schedule for this investigation no later than Friday, February 26, 2021, taking into account the
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`above-identified dates for hearings. The parties should make intensive good faith efforts to agree
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`to a procedural schedule, and it is expected that in most instances the parties will submit a joint
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`proposal. Any proposed procedural schedule shall not be filed on EDIS but served on the
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`Administrative Law Judge electronically pursuant to Ground Rule 1.4.
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`Pursuant to Ground Rule 2.4, I will hold a preliminary conference on Wednesday, March
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`3, 2021, at 2:00 p.m. EST via telephone.2 The parties should be prepared to discuss any issues
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`with respect to the ground rules, the protective order, the procedural schedule, and the conduct of
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`discovery.
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`SO ORDERED.
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`_______________________________
`Dee Lord
`Administrative Law Judge
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`2 Dial-in information will be circulated in advance of the teleconference.
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`3
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`CERTAIN IP CAMERA SYSTEMS INCLUDING VIDEO
`DOORBELLS AND COMPONENTS THEREOF
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`PUBLIC CERTIFICATE OF SERVICE
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`I, Lisa R. Barton, hereby certify that the attached ORDER has been served upon the
`following parties as indicated, on February 9, 2021.
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`Inv. No. 337-TA-1242
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`On Behalf of Complainants SkyBell Technologies, Inc., SB IP
`Holdings, LLC, and Eyetalk365, LLC:
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`Rett Snotherly, Esq.
`LEVI & SNOTHERLY, PLLC
`1101 Connecticut Avenue, NW, Suite 450
`Washington, DC 20036
`Email: rsnotherly@levisnotherly.com
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`On Behalf of Respondent Arlo Technologies, Inc.:
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`Sean C. Cunningham, Esq.
`MORGAN, LEWIS & BOCKIUS LLP
`401 B Street, Suite 1700
`San Diego, California 92101
`Email: sean.cunningham@us.dlapiper.com
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`On Behalf of Respondent SimpliSafe, Inc.:
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`Eric S. Namrow, Esq.
`DLA PIPER LLP (US)
`1111 Pennsylvania Avenue, NW
`Washington, DC 20004
`Email: eric.namrow@morganlewis.com
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`On Behalf of Respondent Vivint Smart Home, Inc.:
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`Charles Barquist, Esq.
`MASCHOFF BRENNAN
`300 South Grand Ave., Suite 1400
`Los Angeles, California 90071
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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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`☐ Via Hand Delivery
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`☐ 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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`☐ 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
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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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`Certificate of Service – Page 2
`Email: cbarquist@mabr.com
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`☒ Other: Email Notification
`of Availability for Download
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