ALJ Elliot Finds No Violation of Section 337 in Certain Smart Thermostat Systems (337-TA-1258)

On April 4, 2022, ALJ Cameron Elliott issued a notice of his initial determination (“ID”) of no violation of section 337 in Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC Control Systems, and Components Thereof (Inv. No. 337-TA-1258).

By way of background, this investigation was instituted on March 30, 2021 based on a complaint by EcoFactor, Inc. (“EcoFactor”) alleging violations of section 337 by nine respondents in the importation and/or sale of certain smart thermostat systems, smart HVAC systems, smart HVAC control systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,423,322; 8,019,567; 10,612,983; 8,596,550 (“the ’550 patent”); and 8,886,488 (“the ’488 patent”).  See our April 1, 2021 post for more details regarding the complaint and Notice of Investigation.  By the time of the evidentiary hearing, only the ’550 and ’488 patents remained in the investigation.

According to the notice, the ID found no violation of section 337 based on the following conclusions of law:

1. Complainant has not proven that at any accused product infringes any asserted claim of the ’550 patent.

2. Complainant has not proven that any accused product infringes any asserted claim of the ’488 patent.

3. Respondents have proven the invalidity of all asserted claims of the ’550 patent.

4. Respondents have proven the invalidity of all asserted claims of the ’488 patent.

5. Complainant has not proven the existence of the technical prong of a domestic industry practicing any asserted claim of the ’550 or ’488 patents.

6. Complainant has proven the existence of the economic prong of a domestic industry as required by subsection (a)(2) of section 337.