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ARTICLE · 25 MAY 2021

ALJ Shaw Issues Initial Determination In Certain Smart Thermostats (337-TA-1185)

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On May 14, 2021, ALJ David P. Shaw issued the public version of his initial determination finding no violation of section 337 in Certain Smart Thermostats, Smart HVAC Systems, and Components Thereof.

United StatesIntellectual Property
Oblon, McClelland, Maier & Neustadt, L.L.P
Oblon, McClelland, Maier & Neustadt, L.L.P
Elissa L. Sanford
Elissa L. Sanford
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On May 14, 2021, ALJ David P. Shaw issued the public version (see Part I, Part II, Part III) of his initial determination (“ID” dated April 20, 2021) finding no violation of section 337 in Certain Smart Thermostats, Smart HVAC Systems, and Components Thereof (Inv. No. 337-TA-1185).


By way of background, this investigation was based on an October 23, 2019 complaint filed by EcoFactor, Inc. of Palo Alto, California ("EcoFactor") alleging violations of section 337 by four respondents-including ecobee Ltd. of Toronto, Canada ("ecobee"), Google LLC of Mountain View, California ("Google"), Alarm.com Incorporated and Alarm.com Holdings, Inc. of Tysons, Virginia (collectively, "Alarm.com"), and Vivint, Inc. of Provo, Utah ("Vivint") (collectively, "Respondents")-through the importation/sale of certain smart thermostats and smart HVAC systems that infringe one or more claims of U.S. Patent Nos. 8,131,497 ("the '497 patent"); 8,423,322 ("the '322 patent"); and 10,018,371

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