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`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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`ORDER NO. 13: ORDERING DISCOVERY
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`INV. NO. 337-TA-1242
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`(July 22, 2021)
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`On July 19, 2021, complainants SkyBell Technologies, Inc., SB IP Holdings, LLC, and
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`Eyetalk365, LLC (collectively, “Complainants”) sent me a letter outlining alleged discovery
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`deficiencies on the part of respondent Vivint Smart Home, Inc. (“Vivint”). Letter from Vishal H.
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`Patel to ALJ Cheney (July 19, 2021). On July 20, 2021, Vivint sent me a letter responding to
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`Complainants’ letter. Letter from Charles Barquist to ALJ Cheney (July 20, 2021). I convened a
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`case management conference on July 20, 2021, to discuss the issues raised in the letters.1
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`In view of the discussion during the case management conference, I hereby order the
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`following actions, and Vivint is hereby given notice that failure to comply with this order may
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`result in sanctions:
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`1 The transcript of the July 20 case management conference will be made available on EDIS as
`Doc. IDs 747567 (confidential session) and 747568 (public session).
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`PUBLIC VERSION
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`1. Vivint shall provide a copy of this order to its joint development partner,
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`2. To the extent it has not done so, Vivint shall contact
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` and identify any source
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`code for the Ping accused device residing in the shared source code repository
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`identified in the joint development agreement between Vivint and
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` See Tr.
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`21:3–7; VIVINT_SKY_ITC0058125, -38, and -43; cf. Tr. 24:11–16 (representing that
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`an update will be provided July 21).
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`3. To the extent it has not done so, Vivint shall contact
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` and discuss the obligation
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`to cooperate in litigation set forth in the joint development agreement. See Tr. 23:16–
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`24:1; VIVINT_SKY_ITC0058127.
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`4. To the extent it has not done so, Vivint shall investigate whether
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` has a research
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`and development operation in California that would be subject to the subpoena
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`authority of the Commission. See Tr. 24:2–10; cf. Tr. 24:2–10 (representing that an
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`update will be provided July 22).
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`5. To the extent it has not done so, Vivint shall produce all source code for the Ping
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`accused device in its custody or control by noon on July 23, 2021, with the exception
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`that any Ping code from the shared source code repository described in item 2 above
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`may be produced by July 30, 2021. See Tr. 11:13–17 (representing that production will
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`be complete by July 21).
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`6. To the extent it has not done so, Vivint shall produce relevant pricing information no
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`later than noon on July 23, 2021. See Tr. 35:5-12 (representing that production will
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`occur July 21).
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`PUBLIC VERSION
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`7. By noon on July 23, 2021, Vivint shall file on EDIS a written submission under the
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`signature of its counsel describing its compliance with items 1 through 6 above and the
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`outcome of its actions.
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`8. By noon on July 26, 2021, Vivint shall file on EDIS a sworn declaration from a person
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`with knowledge, under penalty of perjury, (1) describing the joint source code
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`repository, (2) describing in detail all Ping source code in possession of Vivint,
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`including but not limited to all Ping code from the shared source code repository
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`described in item 2 above, (3) describing the production of Ping source code in the
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`“DBCP Source – Without STK” folder in June and July 2021, (4) attesting that all Ping
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`source code in Vivint’s possession or control (and not in the shared source code
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`repository described in item 2 above) has been produced. See Tr. 29:8–13; see also Tr.
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`27:13–17 (representing that an update about the “DBCP Source – Without STK” folder
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`would be provided July 21).
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`9. Vivint shall make a corporate witness available for a further deposition on the issue of
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`infringement of the accused products. The deposition shall conclude no later than
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`August 4, 2021.
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`In the event that all relevant source code for the Ping device is not produced by July 30,
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`2021, Vivint and Complainants shall work towards a stipulation regarding the functionality of any
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`missing source code. If a stipulation cannot be finalized, then the parties are advised that adverse
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`inferences may be made regarding missing source code. See Tr. 25:16–25; see also 19 C.F.R.
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`§ 210.33(b) (non-monetary sanctions for failure to comply with an order compelling discovery).
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`The parties shall jointly submit within seven days a single proposed public version of this
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`order with any proposed redactions indicated in red. To the extent possible, the proposed
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`3
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`PUBLIC VERSION
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`redactions should be made electronically, in a single pdf file using the “Redact Tool” within Adobe
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`Acrobat. The proposed redactions should be submitted as “marked” but not yet “applied.” The
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`proposed redactions or a statement of no redactions should be submitted via email to
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`Cheney337@usitc.gov and not filed on EDIS.
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`SO ORDERED.
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`PUBLIC VERSION
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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 July 30, 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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`Adam R. Alper, Esq.
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, CA 94104
`Email: adam.alper@kirkland.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
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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
`☐ Via Express Delivery
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`Inv. No. 337-TA-1242
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`☐ 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
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`Certificate of Service – Page 2
`Los Angeles, California 90071
`Email: cbarquist@mabr.com
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