public version c- p q .?-3 united states international...

P c. c- q i‘ .?-3

PUBLIC VERSION - -

7 I

9 . . _- a -

UNITED STATES INTERNATIONAL TRADE COMMISSION I Washington, D.C. .*.*

In the Matter of

CERTAIN LIGHTING CONTROL DEVICES INCLUDING DIMMER SWITCHES AND/OR SWITCHES AND PARTS THEREOF

Investigation No. 337-TA-599

Order No. 9: INITIAL DETERMINATION Terminatinp Leviton from the Investipation

By publication of a notice in the Federal Register on April 5,2007, the Commission

instituted the present investigation, pursuant to subsection (b) of section 337 of the Tariff Act of

1930, as amended, to determine:

[Wlhether there is a violation of subsection (a)(l)(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 lighting control devices including dimmer switches and/or switches and parts thereof by reason of infringement of one or more of claims 1,36,65, 83, 85, 87, 89,90,94, 112, 114, 116, 118, 119, 123, 149, 178, 193, 195, 197,199, and 200 of U.S. Patent No. 5,637,930; claims 44,47, and 49 0fU.S. Patent No. 5,248,919; claims 1-5,8-10, 12, and 22 of U.S. Patent No. 5,982,103; claims 151, 152, and 155-157 of U.S. Patent No. 5,905,442; and claims 1, 3, and 14 of U.S. Patent No. 5,736,965; and whether an industry in the United States exists as required by subsection (a)(2) of section 337.

72 Fed. Reg. 16819-820.

The complainant is Lutron Electronics Co., Inc. (“Lutron”) of Coopersburg,

Pennsylvania. The respondents are: Leviton Manufacturing Co., Inc. (“Leviton”) of Little Neck,

New York; and Control4 of Salt Lake City, Utah. The Commission Investigative Staff (“Staff”)

is also a party in this investigation. Id.

Lutron and Leviton filed a joint motion to terminate the investigation as to Leviton on the

basis of a settlement agreement (a copy of which is attached to the joint motion).' (Motion Dkt.

No. 599-6.) The Staff does not oppose the motion.

The agreement appears to resolve the dispute between Lutron and Leviton. In

satisfaction of 19 C.F.R. 8 21 0.2 1 (b)( l), movants state that there are no other agreements, written

or oral, express or implied, between them concerning the subject matter of this investigation. See

Joint Mot. at 1.

The Commission's Rules provide that in the case of a proposed termination by settlement

agreement, consent order, or arbitration agreement, the parties may file statements regarding the

impact of the proposed termination on the public interest, and the Administrative Law Judge may

hear argument, although no discovery may be compelled, with respect to issues relating solely to

the public interest. The Administrative Law Judge is directed to consider and make appropriate

findings regarding the effect of the proposed settlement on the public health and welfare,

competitive conditions in the United States, and United States consumers. See 19 C.F.R. tj

210.50(b)(2).

Movants argue that the requested termination is in the interests of the public and

administrative economy. Joint Mot. at 1. The Staff knows of no reason why termination of this

' In satisfaction of the Commission's Rules of Practice and Procedure, movants provided public and confidential versions of their agreement. See 19 C.F.R. 0 21 0.21 (b)( l), (c)( l)(ii) (public versions required for certain filings). Copies of those documents are attached to the respective public and confidential versions of this initial determination. See 19 C.F.R. fj 21 0.2 1 (b)(2), (c)( l)(ii) (certain documents must be certified with an initial determination terminating an investigation in whole or in part).

2

investigation as to Leviton on the basis of the settlement agreement would be contrary to the

public health and welfare, competitive conditions in the domestic economy, the production of

like or directly competitive articles in the United States or United States consumers. Staff Resp.

at 4-5. Indeed, there is no evidence that termination of this investigation as requested in the joint

motion will prejudice the public interest. Furthermore, termination of litigation under these

circumstances as an alternative method of dispute resolution is generally in the public interest.

Accordingly, it is the initial determination of the undersigned that Motion No. 599-6 is

GRANTED. This investigation is terminated with respect to Leviton. The status of Control4,

the only remaining respondent, will be determined in a subsequent order.

Pursuant to 19 C.F.R. 9 21 0.42(h), this initial determination shall become the

determination of the Commission unless a party files a petition for review of the initial

determination pursuant to 19 C.F.R. 9 2 10.43(a), or the Commission, pursuant to 19 C.F.R.

0 2 10.44, orders on its own motion a review of the initial determination or certain issues

contained herein.

SO ORDERED.

Carl C. Charneski Administrative Law Judge

Issued: November 15,2007

3


IUV. NO. 337-TA- 599

CERTIFICATE OF SERVICE

I, Marilyn R. Abbott, hereby certify that the attached ORDER was served upon Benjamin Levi, Esq., Commission Investigative Attorney, and the following parties via first class mail and airmail where necessary on November 16, 2007.

U. S. International Trade Commission 500 E Street, SW, Room 112A Washington, D.C. 20436

FOR COMPLAINANT LUTRON ELECTRONICS CO., INC:

V. James Adduci 11,Esq. Michael L. Doane, Esq. Sarah E. Hamblin, Esq. ADDUCI MASTRIANI & SCHAUMBERG, L.L.P. 1200 Seventeenth Street, N.W. Washington, D.C. 20036

James D. Herschlein, Esq. David S. Benyacar, Esq. Milton Sherman, Esq. Benjamine C. Hsing, Esq. Daniel M. Boglioli, Esq. Danielle J. Garrod, Esq. KAYE SCHOLER LLP 425 Park Avenue New York, NY 10022-3598


Scott W. Breedlove, Esq. David E. Killough, Esq. William D. Sims, Jr., Esq. David Kent Wooten, Esq. Anthony P. Miller, Esq. Allen W. Yee, Esq. Alyson N. Gregory, Esq. Nick A. Schuneman, Esq. VINSON & ELKINS LLP Trammel1 Crow Center 2001 Ross Avenue, Suite 3700 Dallas, TX 75201

Brent 0. Hatch, Esq. Kevin W. Bates, Esq. HATCH, JAMES & DODGE, P.C. 10 West Broadway, Suite 400 Salt Lake City, UT 84101

FOR RESPONDENT LEVITON MANUFACTURING CO., INC.:

Larry L. Shatzer, Esq. Lisa S. Mankofsky, Esq. Anthony H. Son, Esq. Marc K. Weinstein, Esq. Liane M. Peterson, Esq. Claire L.K.K. Ogilvie, Esq. FOLEY & LARDNER, LLP Washington Harbour 3000 K Street, N.W., Suite 500 Washington, D.C. 20007-5243

Inv. No. 337-TA- 599

Emily Sausen, Esq. FOLEY & LARDNER, LLP 90 Park Avenue New York, NY 10016


FOR RESPONDENT CONTROL4 CORP.:

Timothy S. Teter, Esq. Iain R. Cunningham, Esq. Benjamin G. Damstedt, Esq. COOLEY GODWARD KRONISH LLP Five Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306

Michael G. Rhodes, Esq. COOLEY GODWARD KRONISH LLP 4401 Eastgate Mall San Diego, CA 92181

Kent R. Stevens, Esq. Evelyn G. Heilbrunn, Esq. MORGAN & FINNEGAN, L.L.P. 1775 Eye Street, N.W. Washington, D.C. 20006-24 10

Tony V. Pezzano, Esq. MORGAN & FINNEGAN, L.L.P. 3 World Financial Center New York, NY 1028 1-2 10 1

PUBLIC MAILING LIST

Sherry Robinson

8891 Gander Creek Drive Miamisburg, OH 45342

LEXIS - NEXIS

Inv. No. 337-TA- 599

Ronnita Green Thomson West 1100 Thirteen Street, NW, Suite 200 Washington, D.C. 20005

PUBLIC VERSION

UNITED STATES INTERNATIONAL TRADE COMMISSION

WASHINGTON, D.C.

Before the Honorable Carl C. Charneski

IN THE MATTER OF



JOINT MOTION TO TERMINATE INVESTIGATION AS TO RESPONDENT LEVITON MANUFACTURING CO., INC.

BASED UPON A SETTLEMENT AGREEMENT

Pursuant to Commission Rule of Practice and Procedure 210.21(b) (19 C.F.R.

5 2 10.2 1 (b)), Complainant Lutron Electronics Co., Inc. ("Complainant") and Respondent

Leviton Manufacturing Co., Inc. ("Respondent" or "Leviton") hereby jointly move to terminate

this Investigation as to Leviton based upon a Settlement Agreement.

Pursuant to Commission Rule 2 10.2 1 (b), a copy of the Public Version of the Settlement

Agreement is attached as Exhibit A. There are no other agreements, written or oral, express or

implied, between Complainant and Respondent concerning the subject matter of this

investigation. Further, termination of this Investigation is in the interest of the public and

administrative economy.

Complainant and Respondent have consulted with the Commission Investigative

Attorney regarding this Motion. The Commission Investigative Attorney will provide the

position of the Office of Unfair Import Investigations after reviewing the attached papers in more

detail.

WASH-2074356.1

Accordingly, Complainant and Respondent respectfully request that the Administrative

Law Judge issue an initial determination terminating this Investigation as to Leviton on the basis

of a Settlement Agreement.

any L. Shatzer k s a S. Mankofsky

Anthony H. Son George C. Beck Liane M. Peterson Claire L.K.K. Ogilvie FOLEY & LARDNER, LLP WASHINGTON HARBOUR 3000 K Street, NW, Suite 500 Washington, DC 20007-5143 (202) 672-5300

Counsel for Respondent Leviton Manufacturing Co., In c .

Respectfully submitted,

a

2- J

V. James Adduci 11 Michael L. Dome Sarah E. Hamblin ADDUCI, MASTFUANI & SCHAU~BERG, L.L.P. 1200 Seventeenth Street, N.W., Fifth Floor Washington, DC 20036 Telephone: (202) 467-6300

James D. Herschlein David S. Benyacar

425 Park Avenue New York, New York 10022-3598 Telephone: (212) 836-8000

KAYE SCHOLER LLP

Scott W. Breedlove David E. Killough

Trammel1 Crow Center 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201-2975 Telephone: (214) 220-7993

VINSON & ELKINS LLP

Brent 0. Hatch Kevin W. Bates HATCH, JAMES & DODGE, P.C. 10 West Broadway, Suite 400 Salt Lake City, Utah 841 01 Telephone: (801) 363-6363

Counsel for Lutron Electronics Co., Inc.

2 WASH-2074356.1

In the Matter of Certain Lighting Control Devices Including Dimmer Switches And/or Switches, Inv. No. 337-TA-599


Before the Honorable Judge Carl C. Charneski Administrative Law Judge

CERTIFICATE OF SERVICE

I, Linda Aguirre, hereby certify that copies of the foregoing JOINT MOTION TO TERMINATE AS TO RESPONDENT LEVITON (Public Version) was filed with the Commission and was served on the following parties on this 24th day of September, 2007.

The Honorable Marilyn R. Abbott Hon. Judge Carl C. Charneski Secretary Administrative Law Judge U.S. International Trade Commission U.S. International Trade Commission 500 E Street, S.W., Room 112 500 E Street, S.W., Suite 317 Washington, DC 20436 Washington, DC 20436 [VIA ELECTRONIC DELIVERY 1 [VIA HAND 2 -- copies]

Benjamin Levi, Esq. Investigative Attorney Office of Unfair Import Investigations U.S. International Trade Commission 500 E Street, S.W., Room 401-R Washington, DC 20436 [VIA ELECTRONIC DELIVERY]

Counsel for Respondent, Control4 Corporation

Timothy S. Teter Iain R. Cunningham Benjamin G. Damstedt Cooley Godward Kronish LLP 5 Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306 [VIA ELECTRONIC DELIVERY]

Michael G. Rhodes Cooley Godward Kronish LLP 4401 Eastgate Mall San Diego, CA 92 18 1 [VIA ELECTRONIC DELIVERY]

Counsel for Complainant, Lutron Electronics Co., Inc.

V. James Adduci, I1 Rodney R. Sweetland, I11 Michael L. Doane Sarah E. Hamblin Adduci, Mastriani & Schaumberg, L.L.P. 1200 17th Street, N.W., 5th Floor Washington, DC 20036 [VIA ELECTRONIC DELIVERY]

Scott W. Breedlove David E. Killough William D. Sims, Jr. David Kent Wooten Anthony P. Miller Allen W. Yee Alyson N. Gregory Nick A. Schuneman Vinson & Elkins L.L.P. Trammel1 Crow Center 2001 Ross Avenue Suite 3700 Dallas, TX 75201-2975 [VIA ELECTRONIC DELIVERY]

Brent 0. Hatch Kevin W. Bates Hatch, James & Dodge, P.C. 10 West Broadway, Suite 400 Salt Lake City, Utah 84101 [VIA ELECTRONIC DELIVERY]

James D. Herschlein David S. Benyacar Milton Sherman Benjamin C. Hsing Daniel M. Boglioli Danielle J. Garrod Kaye Scholer, LLP 425 Park Avenue New York, NY 10022-3598 [VIA ELECTRONIC DELIVERY]

Linda Aguirre

2

EXHIBIT A

PUBLIC VERSION

GLOBAL SETTLEMENT AGREEMENT AND MUTUAL RELEASE

This Global Settlement Agreement and Mutual Release (“Settlement Agreement”) is entered

into and is effective as of the 20th day of September, 2007 (“Effective Date”), and is made by

and between Lutron Electronics Co., Inc. (“Lutron”), a Pennsylvania corporation with its principal

place of business at 7200 Suter Road, Coopersburg, PA 18036-1 299 (“Lutron”), and Leviton

Manufacturing Co.. Inc., a Delaware corporation with its principal place of business at 59-25

Little Neck Parkway, Little Neck, NY 11362-2591 (“Leviton“) with reference to the following facts

and recitals:

WHEREAS, the Parties have been engaged in litigation in multiple venues, captioned as

follows:

Lutron Electronics Co., lnc. v. Leviton Manufacturing Co., lnc., Civil Action No. 9:07-CV-43, in

the United States District Court for the Eastern District of Texas, Lufkin Division (the “Main E.D.

TX Case”)

Lutron Electronics Co., lnc. v. Leviton Manufacturing Co., lnc., Civil Action No. 9:07-CV-96, in

the United States District Court for the Eastern District of Texas, Lufkin Division (the “’1 25 E.D. TX Case“)

Lutron Electronics Co., Inc. v. Leviton Manufacturing Co., Inc., Civil Action No. 9:07-CV-97, in

the United States District Court for the Eastern District of Texas, Lufkin Division (the “’798 E.D.

TX Case”)

(The Main E.D. TX Case, the ‘125 E.D. TX Case and the ‘798 E.D. TX Case shall be collectively

referred to herein as the “Texas Cases”)

In the Matter of Certain Lighting Control Devices Including Dimmer Switches and/or Switches

before the United States International Trade Commission in Washington, D.C. (the ‘ITC Case“)

(The Texas Cases and the ITC Case shall be collectively referred to herein as the ’Actions”);

WASH-2073451.1

PUBLIC VERSION

WHEREAS, Lutron and Leviton (collectively, the "Parties") desire to compromise and

settle the Actions in toto and with prejudice, for and in consideration of the terms set forth

herein;

IN CONSIDERATION OF THE FOREGOING, and for the covenants and terms set forth

in this License Agreement, and for other good and valuable consideration, the receipt of which

hereby is acknowledged, the Parties agree as follows:

1. Non-Exclusive License. Simultaneously herewith, the Parties shall enter into the Non-

Exclusive License Agreement ("License Agreement") with an effective date of September 20,

2007, attached hereto as Exhibit A to this Settlement Agreement and incorporated by reference

herein to become an integral part of this Settlement Agreement.

2.

claims, counterclaims and affirmative defenses in the Actions with prejudice and Leviton agrees

to dismiss its claims, counterclaims and affirmative defenses in the Actions, with prejudice, each

side to bear its own costs and attorneys fees. Within ten (1 0) days after execution of this

Settlement Agreement and the License Agreement, the Parties will file a Agreed Joint Motion for

Entry of an Order of Dismissal in the Texas Cases in the form attached hereto as Exhlbit B to

this Settlement Agreement. In addition, within ten (1 0) days after execution of this Settlement

Agreement and the License Agreement, the Parties will file a Joint Motion to Terminate

Investigation as to Respondent Leviton Manufacturing Co., Inc. with the United States

International Trade Commission in the ITC case in the form attached hereto as Exhibit C to this

Settlement Agreement.

Agreed Resolution. In consideration of the foregoing, Lutron agrees to dismiss its

3. Waiver of Certain Claims

REDACTED

WASH-2073451 .I

PUBLIC VERSION

REDACTED

c. Re: Claimed infrinsement of Lutron’s VISEO Marks (defined in Figure 1 below).

Lutron hereby waives any worldwide claim or claims that Leviton’s use of the

VlZlA Marks (defined in Figure 2 below) and/or any other word or design mark

(currently in use or created later) containing the term “Vizia” infringe, dilute or

otherwise result in legally-cognizable harm to the VISEO Marks. Within ten (1 0)

business days after full execution of this Settlement Agreement, Lutron shall

withdraw and dismiss all of its Opposition proceedings before the Trademark

Trial and Appeal Board (“TTAB”) of the U.S. Patent & Trademark Office

(“USPTO”), with consent of the applicant, to Leviton’s pending trademark

applications for various of the VlZlA Marks (including, but not limited to, the

TTAB Oppositions listed in Figure 2 below). Lutron further agrees that Leviton

may use and continue to use for any purpose, in perpetuity and worldwide, the

VlZlA Marks and/or any other word or design mark (currently in use or created

later) containing the term “Vizia.” Lutron agrees not to object to, oppose, seek to

cancel, or otherwise challenge Leviton’s past, present, or future worldwide use or

registration for any purpose of the VlZlA Marks and/or any other word or design

mark (currently in use or created later) containing the term “Vizia.” Should

Leviton require Lutron’s consent to register any of the VlZlA Marks or any other

current or future word or design mark containing the term “Vizia” in the USPTO or

before any other government agency in the U.S. or elsewhere worldwide and

such future mark does not infringe, dilute, or otherwise result in legally-

cognizable harm to other marks of Lutron, Lutron shall, upon request by Leviton,

WASH-2073451.1

PUBLIC VERSION

VISEO

provide its consent. Lutron further agrees not to expand the use of its VISEO

marks to wallbox dimmers. Nothing in this Agreement shall constitute a waiver

by Lutron of any other trademark issue that may arise with respect to any other

marks of Lutron.

d. Leviton agrees that Lutron may use and continue to use for any purpose, in

perpetuity and worldwide, the VISEO Marks and/or any other word or design

mark (currently in use or created later) containing the term “Viseo”. Leviton

agrees not to object to, oppose, seek to cancel, or otherwise challenge Lutron’s

past, present, or future worldwide use or registration for any purpose of the

VISEO Marks and/or any other word or design mark (currently in use or created

later) containing the term “Viseo.” Should Lutron require Leviton’s consent to

register any of the VISEO Marks or any other current or future word or design

mark containing the term “Viseo” in the USPTO or before any other government

agency in the U.S. or elsewhere worldwide, Leviton shall, upon request by

Lutron, provide its consent. Leviton further agrees not to expand the use of its

VIZIA marks to touchscreen pads. Nothing in this Agreement shall constitute a

waiver by Leviton of any other trademark issue that may arise with respect to any

other marks of Leviton.

Reg. No. 2,709,806

None

Figure 1: Lutron’s Current VISEO Marks

(The marks depicted below, including all federally or state-registered and common law rights to

such marks, shall be referenced as the “VISEO Marks”).

I VISEO & Design I I Fiqure 2: Leviton’s Current VIZIA Marks

(The marks depicted below, including all federally or state-registered and common law rights to

such marks, shall be referenced as the “VIZIA Marks”).

WASH-2073451 .I

PUBLIC VERSION

VlZlA SMART

VlZlA RF

VlZlA & Design

VlZAl RF & Design

Serial No. 78/745,105

Serial No. 781720,385

Serial No. 78/739,698

Opposition No. 91,174,289



Serial No. 78/739,678 Opposition No. 91,174,201

4. Payment. Within (1 0) days of execution of this Agreement by all parties hereto, Leviton

shall pay the amounts set forth in this section to Lutron by wire transfer to the following account:

J.P. Morgan Chase, ABA 021000021 , Account 323090265, in the name of Lutron Electronics

Co., Inc.

WASH-2073451 .I

PUBLIC VERSION

“Net Sales Receipts” means the total revenues recognized by Leviton from the sale of the

Royalty Bearing Products, as defined in the License Agreement, less credit for any returns

(including return freight, if any), prompt payment discounts, refunds, rebates, volume

allowances, and breakage attributable to the sale of the products, Notwithstanding the

foregoing, Leviton shall use cost as a minimum sales price if it makes any sales at less than

cost. Specifically, exempt from this provision and from payment of royalties are product

samples used to support marketing and sales, but not for sale or resale and for which no

revenue is received. As used herein, the term “recognize” means the recognition of revenue by

Leviton in accordance with GAAP. Should there be any discrepancy in the calculation of

royalties for past sales under this section, Leviton will be permitted to correct any such

discrepancy in the next quarterly payment without penalty.

5. Representations and Other Obligations. Leviton and Lutron, as applicable, hereby

represent and agree that:

a.

and shall refrain from any future use of such slogan. Within ten (1 0) days of the

Effective Date, the Parties will sign a Without Prejudice Consent for immediate

withdrawal of (1) Leviton’s pending US. trademark application on such mark, said

application having Serial Number 781866,757, and (2) Opposition Proceeding No.

Leviton will immediately cease any use of the slogan “Don’t Forget the Dimmer“

WASH-2073451.1

PUBLIC VERSION

91 174046 filed by Lutron.

b.

Savings with Style” and neither shall contest the other’s right to use the slogan “Energy

Savings with Style” for marketing and sale purposes, as long as not used in a context in

which the overall appearance is confusingly similar to any Leviton or Lutron trademark,

trade name, trade dress or service mark.

Neither Leviton nor Lutron claim any proprietary rights in the slogan “Energy

c.

Copyright Registration No.’s VA 1-398-392 and VAu 734-574.

Leviton agrees to refrain from use of Lutron’s photographs as registered under

REDACTED

6.

affiliates, joint ventures, predecessors, successors, principals, shareholders, officers, directors,

employees, agents, assigns, transferees, representatives, executors, administrators and

attorneys, hereby mutually release each other, and their respective subsidiaries, affiliates, joint

ventures, predecessors, successors, principals, shareholders, officers, directors, employees,

agents, assigns, transferees and representatives, from any and all claims, liabilities, and

Mutual Release. The Parties, on behalf of themselves and their respective subsidiaries,

WASH-2073451.1

PUBLIC VERSION

demands of any nature or kind whatsoever (other than claims, liabilities and demands arising

out of contractual relationships), both in law and at equity, known or unknown, whether asserted

or not, that Lutron or Leviton ever had, or now has, for, upon, or by reason of making, having

made, using, having used, selling, having sold, reselling, having resold, offering to sell, having

offered to sell, importing, having imported, exporting or having exported prior to the date hereof,

any product to the extent such making, having made, using, having used, selling, having sold,

reselling, having resold, offering to sell, having offered to sell, importing, having imported,

exporting or having exported of any such product infringes or could be alleged to infringe any

intellectual property right of the Party who would have the right to assert such claim of

infringement, from the beginning of the world to the date of this Agreement. Notwithstanding the

foregoing, nothing herein shall be deemed to release claims, liabilities and demands against a

party or its subsidiaries, affiliates, joint ventures, predecessors, successors, principals,

shareholders, officers, directors, employees, agents, assigns, transferees, representatives,

executors, administrators and attorneys arising out of activities undertaken by currently

unaffiliated third parties. This release, however, expressly includes sales by Leviton’s

customers and vendors of the products specifically identified in Exhibit 2 of the License

Agreement, including, but not limited to, sales by Monster Products, Inc. of the IlluminEssence

products.

7. Acknowledgement of Infringement as to ‘103 and ‘442 Patents, and No Challenge.

Notwithstanding any position taken by Leviton in the Actions or any other proceeding, Leviton

acknowledges and admits that the specific products accused of infringement in paragraphs 64-

68 and 70-71 of the Second Amended Complaint in the ITC Case do in fact infringe at least one

claim of both the ‘103 and ’442 patents. Leviton, however, does not admit that the infringement

was willful and Lutron agrees that it will not state or suggest that Leviton admitted to willfully

infringing either the ‘1 03 or ‘442 Patents. Except in defense of a claim for patent infringement

by Lutron alleging infringement of the Asserted Patents, as defined in the License Agreement,

Leviton agrees that it will not challenge at any time in any forum or proceeding the validity

and/or enforceability of any of the Asserted Patents. This provision does not affect any

expressly granted right of Leviton under Subsection 9.2 of the License Agreement. Leviton

agrees that it will not voluntarily assist anyone in challenging the validity and/or enforceability of

any of the Asserted Patents in any forum or proceeding, except in defense of a case in which

Leviton has been alleged to infringe the Asserted Patents. Leviton further agrees that it will not

voluntarily assist anyone in infringing any of the Asserted Patents. Leviton further agrees that it

WASH-2073451.1

PUBLIC VERSION

will not assert patent invalidity or enforceability as a defense to a claim that it has breached the

License Agreement with respect to any of the products listed on Exhibit “2” to the License

Agreement.

8. General Representations and Warranties. Each Party hereby represents and

warrants that it is duly authorized to enter into this Settlement Agreement, that the person

executing this Settlement Agreement is authorized to do so on behalf of that party, and that this

Settlement Agreement is a binding obligation on the Party. Each Party represents and warrants

that it has no contractual or other relationship that prevents it from entering into this Settlement

Agreement, and agrees to indemnify and hold harmless the other Party from any claims alleging

that this Settlement Agreement violates the terms of such contractual or other relationship.

Finally, other than as stated in this document, to the best of its knowledge, each party

represents and warrants that no products sold or manufactured by the other party infringe any of

the representing party’s issued patents or pending patent applications.

9.

understood and agreed that this Settlement Agreement is a compromise of disputed claims and

that execution of, making of payments under, and performing of obligations under, this

Settlement Agreement are not to be construed or used as an admission of liability on the part of

any Party.

No Admission of Liability. Subject to admissions in Section 7 above, it is expressly

I O .

attached License Agreement, shall not be disclosed to any other person or entity except as

follows: (1 ) the Parties agree that the existence of this Settlement Agreement and the License

Agreement shall not be considered confidential information; (2) the Parties agree that a public

version of this Settlement Agreement, including the attached License Agreement, will be filed

with the ITC in conjunction with the Joint Motion to Terminate the ITC Case; (3) this

confidentiality obligation shall not prevent disclosure of the terms of this Agreement: (a) where

necessary to fulfill the requirements of law, including in response to a discovery request,

subpoena or court order in litigation, or applicable regulations, or the request of a government

agency, provided the disclosing Party gives the other Party a reasonable amount of time before

any such disclosure to seek a protective order; (b) to third parties who are considering the

purchase of the portion of the business of a Party to which this Settlement Agreement and the

License Agreement relate and who have agreed in writing to maintain these Agreements and

Confldentlality and Right of Disclosure. This Settlement Agreement, including the

WASH-2073451.1

PUBLIC VERSION

their terms in confidence; (c) to outside auditors, accountants, insurers or attorneys of any

Party, or as may be required to comply with applicable laws and regulations; (d) to third parties

within the context of litigation or confidential settlement discussions with such parties regarding

patent or other intellectual property infringement claims or potential claims under the Parties’

patent rights so long as the third party agrees to not disclose the information to any other party;

or (e) to other licensees if required by a “most favored licensee clause” so long as the licensee

agrees not to disclose the information to any other party. If the Agreement is produced in

litigation, it shall be produced pursuant to the highest level of confidentiality permitted by any

protective order governing confidential documents issued by the court or agency.

proprietary and confidential nature of any information which:

confidential;

by this Section;

obligation; or

Notwithstanding the foregoing, the Parties shall have no obligation to preserve the

(a) was previously known to them free of any obligation to keep the information

(b) is disclosed to third parties by either party without restriction to the extent permitted

(c) is disclosed by a third party to either party without breach of a confidentiality

(d) is or becomes publicly available.

11.

be binding on the Parties and their respective successors and assigns.

Agreement is Binding on Successors and Assigns. This Settlement Agreement shall

12.

hereunder shall be construed under the laws of the Commonwealth of Pennsylvania without

regard to any conflict of laws provisions. Any action brought to enforce the provisions of this

Agreement may be commenced, prosecuted and defended in the United States District Court

for the Eastern District of Texas, Lufkin Division or the United States District Court for the

Eastern District of New York and Lutron and Leviton consent to the jurisdiction of these Courts.

Governing Law I Choice of Forum. This Settlement Agreement and performance

13.

third party shall, by virtue of any provision of this Settlement Agreement, have any right of action

or enforceable remedy against any party to this Settlement Agreement.

No Third-party Claims. Notwithstanding anything to the contrary contained herein, no

WASH-2073451.1

PUBLIC VERSION

14. Severability. This Settlement Agreement shall be deemed severable, and the invalidity

or unenforceability of any term or provision hereof shall not affect the validity or enforceability of

this Settlement Agreement or of any other term or provision hereof. If any term or provision of

the Settlement Agreement is invalid or unenforceable by agreement of the parties or by a non-

appealable final judgment, order or decree entered by a court or tribunal of competent

jurisdiction, the Parties will add a provision to this Settlement Agreement as similar in terms to

such invalid or unenforceable provision as may be possible and be valid and enforceable.

15.

incorporated by reference in Section 1 and attached hereto) represents the entire agreement

between the Parties concerning its subject matter and shall not be modified except by a writing

signed by each of them.

Entire Agreement. This Settlement Agreement (which includes the License Agreement

16.

Settlement Agreement, has received the advice of counsel in the matter, and agrees to be

bound by its terms.

Advice of Counsel. Each party acknowledges that it has read and understands this

17.

counterparts and delivered by facsimile, in which case this Settlement Agreement shall include

each such executed and delivered counterpart, each of which shall be deemed to be a part of a

single instrument.

Counterparts. This Settlement Agreement may be executed in two or more

18. Construction. Each Party acknowledges that it has received or had the opportunity to

obtain independent legal advice regarding this Settlement Agreement. Each Party agrees that

any rule of construction to the effect that ambiguities are to be resolved against the drafting

party will not be employed in the interpretation, construction, or enforcement of this Settlement

Agreement. Headings used in this Agreement are for reference purposes only and shall not be

deemed a part of this Agreement.

****

WASH-2073451.1

IN WITNESS WHEREOF, the parties hereto have causexi this Settlement Agreement to

be executed in duplicate originals by their duly authorized officers effective as of the day and year above written.

LUTRON ELECTRONICS CO., INC. LEVITON MANUFACTURING CO., INC.

=& \

President

EXHIBIT A

PUBLIC VERSION LICENSE AGREEMENT

This LICENSE AGREEMENT is made this 20th day of September, 2007, by and between Lutron Electronics Co., Inc., a Pennsylvania corporation with its principal place of business at 7200 Suter Road, Coopersburg, Pennsylvania 18036-1299 (“Lutron”) and Leviton Manufacturing Co., Inc., a Delaware corporation with its principal place of business at 59-25 Little Neck Parkway, Little Neck, NY 11 362-2591 (“Leviton”) with reference to the following facts and recitals:

A. Lutron is the owner of U.S. Patent No. 5,982,103 issued on November 9, 1999 for an invention entitled ’Compact Radio Frequency Transmitting and Receiving Antenna and Control Device Employing Same” (the “‘103 Patent“), U.S. Patent No. 5,905,442 issued May 18, 1999 for an invention entitled “Method and Apparatus for Controlling and Determining the Status of Electrical Devices from Remote Locations” (the “‘442 Patent”), US. Patent No. 5,637,930 issued June 10, 1997, with a reexamination certificate issuing on September 12, 2006, for an invention entitled “Wall-Mountable Switch & Dimmer“ (the “‘930 Patent“), U.S. Patent No. 5,248,919 issued September 28, 1993, for an invention entitled “Lighting Control Device” (“the ‘919 Patent”), and U S . Patent No. 7,190,125 issued on March 13, 2007 for an invention entitled “Programmable Wallbox Dimmer“ (the “‘125 Patent”). (The ‘103, ‘442, ‘930, ‘919 and ‘125 Patents are collectively referred to herein as the “Asserted Patents”.)

B. Leviton is the owner of US. Patent Application No. 11/149,365 filed June 10, 2005 for an invention entitled “Control System for Electrical Devices” (the “‘365 Patent Application”).

C. Lutron filed, inter alia, three lawsuits against Leviton in the United States District Court for the Eastern District of Texas, Lufkin Division, captioned Lutron Electronics Co., Inc. v. Leviton Manufacturing Co., Inc., Civil Action No. 9:07-CV-43 (the “Main E.D. TX Case”), Lutron Electronics Co., Inc. v. Leviton Manufacturing Co., lnc., Civil Action No. 9:07-CV-96 (the “’1 25 E.D. TX Case”), and Lutron Nectronics Co., Inc. v. Leviton Manufacturing Co., lnc., Civil Action No. 9:07-CV-97 (the “798 E.D. TX Case”), and a separate action before the United States International Trade Commission in Washington, D.C. captioned In the Matter of Certain Lighting Control Devices Including Dimmer Switches and/or Switches (the “ITC Case”) (collectively, the “Actions”). In the ‘125 E.D. TX Case, Lutron asserted that Leviton’s Vizia, Vizia RF, Acenti and IlluminEssence products infringe the ‘125 Patent. In the Main E.D. TX Case and the ITC Case, Lutron asserted, infer alia, that Leviton’s Vizia RF and IlluminEssence products infringed the ‘442 and ‘103 Patents and Leviton’s Vizia, Vizia RF and IlluminEssence products infringed the ‘930 Patent.

D. Lutron and Leviton (collectively, the “Parties”) desire to amicably resolve any and all issues relating to the Lutron Subject Patent Rights and Leviton Subject Patent Rights as defined below, and any and all other claims that the Parties asserted against the other in the Actions.

E. Concurrently herewith, the Parties have entered into a Settlement Agreement for the dismissal of the Actions.

IN CONSIDERATION OF THE FOREGOING, and for the covenants and terms set forth in this License Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

PUBLIC VERSION

1. Definitions. As used in this License Agreement, the definitions of the following terms, whether used in the singular or in the plural, shall govern:

1 .I ”Leviton Subject Patent Rights” means all rights of Leviton under the laws of the United States and foreign jurisdictions falling within the scope of the patent applications and any corresponding future patents as set forth in Exhibit “1” (the “Leviton Subject Patent Applications”).

1.2 “Lutron Subject Patent Rights” means all rights of Lutron under the laws of the United States and foreign jurisdictions falling within the scope of the Asserted Patents and patent applications set forth in Exhibit “I”.

1.3 “Net Sales Receipts” means the total revenues recognized by Leviton from the sale of the Royalty Bearing Products, as defined below, less credit for any returns (including return freight, if any), prompt payment discounts, refunds, rebates, volume allowances, and breakage attributable to the sale of the products. Notwithstanding the foregoing, Leviton shall use cost as a minimum sales price if it makes any sales at less than cost. Specifically, exempt from this provision and from payment of royalties are product samples used to support marketing and sales, but not for sale or resale and for which no revenue is received. As used herein, the term ‘recognize” means the recognition of revenue by Leviton in accordance with GAAP.

1.4 “RF Patents” means the ‘442 and ‘103 Patents, including all foreign counterparts, divisionals, continuations, reissues, reexaminations and other patents claiming priority from the ‘442 and ‘103 patents.

1.5 “RF Patent Rights” means all rights of Lutron under the laws of the United States and foreign jurisdictions falling within the scope of the RF Patents and patent applications as set forth in Exhibit “1”.

1.6 “RF Products” means those products that utilize radio frequency communications specifically listed on Exhibit “2” as currently designed and manufactured by or for Leviton or any new products designed and manufactured by or for Leviton or any redesign of products identified in Exhibit 2, provided, however, that any such new or redesigned products utilize radio frequency communications of 900 MHz or higher.

1.7 “’930 Patent Rights” means all rights of Lutron under the laws of the United States and foreign jurisdictions falling within the scope of the ‘930 Patent and patent applications set forth in Exhibit “1”.

1.8 “’930 Products” means those switch/dimmer products listed on Exhibit “2“ as designed and manufactured by or for Leviton on the date the Actions were filed.

1.9 “’919 Patent Rights” means all rights of Lutron under the laws of the United States and foreign jurisdictions falling within the scope of the ‘919 Patent and patent applications set forth in Exhibit “1”.

WASH-2073446.1 2

PUBLIC VERSION 1.10 “’919 Products” means those switch/dimmer products listed on Exhibit “2”

as designed and manufactured by or for Leviton on the date the Actions were filed.

1.1 1 “Royalty Bearing Products” means RF Products, ‘930 Products and ‘91 9 Products as defined herein.

1.12 ”Effective Date” means the Effective Date specified in the Settlement Agreement.

2. Lutron License Grant. Lutron agrees to grant and does hereby grant to Leviton a license under the applicable RF and ‘930 and ‘919 Patent Rights according to the terms set forth in this Section 2 to make, have made, use, offer for sale, sell, resell and import the Royalty Bearing Products.

2.1 RF Patent License Grant. Subject to the terms herein, Lutron agrees to grant and does hereby grant to Leviton a limited, nonexclusive worldwide license under the RF Patents to make, have made, use, offer for sale, sell, resell and import the RF Products.

2.2 ‘930 Patent License Grant. Subject to the terms herein, Lutron agrees to grant and does hereby grant to Leviton a limited, nonexclusive worldwide license under the ‘930 Patent to make, have made, use, offer for sale, sell, resell and import the ‘930 Products set forth in Exhibit “2 ,

REDACTED

2.3 ’919 Patent License Grant. Subject to the terms herein, Lutron agrees to grant and does hereby grant to Leviton a limited, nonexclusive worldwide license under the ‘919 Patent to make, have made, use, offer for sale, sell, resell and import the ‘919 Products set forth in Exhibit ”Z”,

REDACTED

3. Cross-License Grant.

3.1 Lutron agrees to grant and does hereby grant to Leviton under the ‘125 Patent a nonexclusive, worldwide, royalty-free license to make, have made, use, offer for sale, sell, resell and import any product, the manufacture of which would otherwise infringe the ‘125 Patent, including foreign counterparts, divisionals, continuations, reissues, reexaminations and other patents claiming priority from the ’125 Patent.

3.2 Leviton agrees to grant and does hereby grant to Lutron under any patent issuing from the ‘365 Patent Application, a nonexclusive, worldwide, royalty-free license to make, have made, use, offer for sale, sell, resell and import any product, the manufacture of which would otherwise infringe any patent issuing from the ‘365 Patent Application, including foreign counterparts, divisionals, continuations, reissues, reexaminations and other patents claiming priority from the ‘365 Patent Application.

WASH-2073448.1 3

PUBLIC VERSION

4. ReDreSentatiOnS bv Lutron. Lutron represents and warrants that:

a. it has the full power to enter into this License Agreement and to grant licenses to Leviton pursuant to the terms of this License Agreement;

b. it is the owner of the Lutron Subject Patent Rights;

c. it has not made any commitments or adopted any restrictions that would limit its right to grant the license rights and releases of this License Agreement;

d. there are no exclusive licenses previously granted to any third parties to the Lutron Subject Patent Rights; and

e. Exhibit “1” contains, as of the date of this License Agreement, a complete list of parents, divisionals, continuations, reissues, reexaminations, and pending applications for patents in the United States of America and foreign countries, corresponding to the Asserted Patents.

5. Representations by Leviton. Leviton represents and warrants that:

a. it has the full power to enter into this License Agreement and to grant a license to Lutron pursuant to the terms of this License Agreement;

b. it is the owner of the Leviton Subject Patent Rights;

c. it has not made any commitments or adopted any restrictions that would limit its right to grant the license rights and releases of this License Agreement;

d. there are no exclusive licenses previously granted to any third parties to the Leviton Subject Patent Rights;

e. Exhibit “I” contains, as of the date of this License Agreement, a complete list of parents, divisionals, continuations, reissues, re-examinations, and pending applications for patents in the United States of America and foreign countries corresponding to the ’365 Patent Application, and

f. it is not aware of any current or reasonably anticipated contractual commitment that could (i) materially reduce the royalty payments to Lutron or (ii) lead to termination of the License Agreement.

6. License Terms.

6.1

WAS H-2073440.1 4

WASH-2073448.1

PUBLIC VERSION

6.2

6.3

REDACTED

6.4

5

PUBLIC VERSION

REDACTED

6.5 Most Favored Licensee. If the terms in any license under the RF Patents provide for REDACTED

then Lutron shall promptly so notify Leviton, including the specifics of those said terms. If those said terms, in the context of the entire license, are more favorable than those provided in this License Agreement, then Leviton shall have the option of acquiring the benefit of such more favorable terms within thirty (30) days of said notice. The terms must be considered in the context of the license as a whole and must be adopted by Leviton in their entirety (including any less favorable terms) if it exercises this option. Leviton, however, shall not be entitled to the benefit of the terms of said other license if under said other license Lutron acquired patent rights or other non-monetary compensation that have actual value to Lutron and that Leviton cannot supply. Leviton’s exercise of the option set forth above shall be effective as of the effective date of such more favorable license agreement with the third party, and any credit due to Leviton shall be credited against future royalties due hereinunder, or if unrecouped, shall be refunded by Lutron upon termination.

6.6 Rovaltv ReDorts. Payment of the royalties shall include a report by SKU that lists Leviton’s total Net Sales Receipts and the royalties due for each Royalty Bearing Product for the previous calendar quarter (“Report“). In the event there are no royalties due in any quarterly period, the Report shall so state and provide the basis for no royalty payments being due. If the Royalties due and payable to Lutron from a prior period need to be corrected, Leviton shall be permitted to reflect such corrections on a subsequent Report provided that such corrections are explained in detail in such subsequent Report. Leviton will advise Lutron of any new model numbers and products that fall within the scope of Royalty Bearing Products under Exhibit “2” each calendar quarter in conjunction with the Reports.

6.7 Late Pavment. If any royalty payment owed by Leviton under Section 6 of this License Agreement is not paid when due, the unpaid amount shall bear interest, compounded annually, at an annual rate of three percent (3%) above the US Dollar LIBOR thirty day rate on the day payment was due, until paid. If such interest rate exceeds the applicable legal rate, the interest rate shall be reduced to the maximum allowable legal rate.

6.8 Audit. Leviton agrees to keep complete and accurate account of the information as specified in Sections 1.3 and 6.6 hereinabove for a period of three (3) years after royalties have been paid. Subject to the confidentiality requirements of Section 15, if an audit is requested by Lutron, Leviton shall select an independent certified public accountant that is not a certified public accountant Leviton normally employs and that is reasonably acceptable to Lutron. The accountant may examine Leviton’s relevant records no more than once per calendar year, and going back no more than three (3) years, during regular business hours, upon reasonable advance notice to Leviton, to the extent and insofar as is necessary to reasonably verify the accuracy of any Report. Once a year is audited, Lutron will not again audit such year unless Leviton makes corrections to such period under Section 6.6. The independent accountant shall execute and deliver to Leviton a standard confidentiality agreement and shall

WASH-2073448.1 6

PUBLIC VERSION not disclose to Lutron any information relating to Leviton’s business, including, but not limited to, cost information. The accountant may, however, disclose to Lutron whether the amount of royalties due is correct and, if incorrect, the specific details concerning any discrepancies and the amount due under this License Agreement. At such inspections, Leviton shall make backup documentation available to the accountant, in a manner sufficiently organized to enable the accountant to verify fully any Report required by this License Agreement. Lutron’s costs of such inspections shall be borne by Lutron, unless such inspection discloses an under-reporting of royalties of ten percent (10%) or more for a calendar year, in which case the cost of the entire inspection shall be borne by Leviton. If the accountant finds an underpayment of the amount owed to Lutron, the amount due and interest (as set forth in Section 6.7 above) shall be paid to Lutron within thirty (30) days of Lutron’s written notice of any deficiency. If the accountant finds an overpayment of the amount owed to Lutron, Lutron shall notify Leviton and the overpaid amount shall be credited to Leviton towards the next royalty period.

6.9 Royalties Diswte. Any dispute over whether an amount received by Leviton on the sale of the Royalty Bearing Products constitutes Net Sales Receipts under this License Agreement shall be submitted to arbitration pursuant to Section 7 and such dispute shall not be a basis for Lutron terminating this License Agreement or the licenses herein granted except where Leviton fails to timely pay any award of the arbitrator. Any issue or dispute as to whether a Leviton product should be classified as a Royalty Bearing Product is not subject to arbitration.

7. Arbitration. This Section on arbitration only applies to controversies or claims arising as allowed under Section 6.9 above. Other controversies shall not be subject to Arbitration. The arbitrable claims shall be finally settled under the Commercial Arbitration Rules of American Arbitration Association (“AAA”) as modified below. Prior to sewing, the arbitrator must sign a written commitment that he will abide by the rules set forth in this Section.

a.

b.

C.

d.

e.

the arbitration shall be conducted before one (1) arbitrator selected by mutual agreement of the Parties; if the Parties do not agree on an arbitrator within ten (10) business days from the date a demand for arbitration was served on the opposing party, then by that date each party will choose a member of the New York State Bar or Pennsylvania State Bar not an employee or attorney for a party, which member does not need to be a member of any association of arbitrators, including the AAA. Those two persons will select the arbitrator within five (5) business days;

the arbitration hearing shall take place no later than thirty (30) days following the selection of an arbitrator;

the arbitration hearing shall last no more than one day;

no discovery shall be permitted, including depositions, interrogatories, requests for admissions, or production of documents, except in the case of extreme hardship as determined by the arbitrator;

the arbitrator shall give hidher decision at the conclusion of the hearing if possible, but no later than ten (1 0) business days following the hearing;

WASH-2073448.1 7

PUBLIC VERSION f. any arbitration proceeding under this Agreement shall (1) be conducted in

the English language, (2) apply the law of the Commonwealth of Pennsylvania, United States of America, (3) be conducted in such a manner that the proprietary or confidential information of the Parties remains protected, and (4) occur at a location mutually agreed upon by the parties within ten (10) days after the filing of a demand for arbitration, or if there is no agreement between the parties, then in Philadelphia, Pennsylvania if Leviton initiates the action and in New York, New York if Lutron initiates the action;

g. the Arbitrator shall not limit, expand, or modify the terms of this License Agreement, nor award damages in excess of compensatory damages; and

h. each of the Parties expressly agrees that the decision rendered in such arbitration may be enforced against it in keeping with or under the laws of its country of residence, or in any place in which it may hold assets sufficient to satisfy, in whole or part, such decision. The decision of the arbitrator(s), including any allocation of fees and expenses, is final, binding, non-reviewable, and non-appealable, and may be entered as a final judgment in any court having jurisdiction.

8. Other Obliqations of Leviton.

8.1 Leviton shall be under no obligation to offer or sell the Royalty Bearing Products hereunder, or to continue to do so after execution of this License Agreement.

8.2 Leviton shall mark permanently and legibly on all RF Products or the packaging or instruction sheets for such products, sold to distributors or end user customers, with the patent numbers of the RF Patents as follows: "Licensed under U.S. Patents 5,982,103 and 5,905,442 or equivalent language as applicable. Leviton will always place its own patent numbers on each of the RF Products, or the packaging or instruction sheets for such products and Leviton shall not place its own patent numbers on any location different from where it places the RF Patent numbers. Notwithstanding the foregoing, Leviton shall not be required to mark any products, or the packaging, or instruction sheets, printed or otherwise, manufactured within three (3) months from the Effective Date of this License Agreement. If Lutron believes that Leviton has failed to appropriately mark a product, Lutron shall notify Leviton. In the event that Leviton fails to cure its failure to mark within one hundred and twenty (1 20) days of notice from Lutron, Leviton shall pay to Lutron Five Thousand Dollars ($5,000) for each of the first three months that Leviton fails to mark. After those three months, if Leviton fails to mark Leviton's payment shall increase by an additional Five Thousand Dollars ($5,000) per month each month it fails to mark (e.g., month #4 = $10,000, month #5 = $15,000) up to a maximum of Fifty Thousand Dollars ($50,000) per month.

8.3

WASH-2073446.1

REDACTED

8

PUBLIC VERSION

REDACTED 8.4

9. Termination and Breach.

9.1 The License Agreement shall terminate as c the last Lutron Subject Patent Right or Leviton Subject Patent Right to lapse or expire. Leviton’s Obligation to pay royalties for the RF Products under this License Agreement, however, will end upon the expiration of the last of the RF Patents.

9.2 If all of claims 1-5, 8-10, 12, 22, 23, 24, and 27 of the ’103 patent and claims 151-152, 155-1 57, and 160 of the ‘442 patent are challenged by a third party and declared invalid, unenforceable or modified as a result of any final, binding, non-appealable decision of a competent judicial tribunal or a final, non-appealable decision by the United States Patent and Trademark Office, then Leviton shall notify Lutron by written objection, and may contest its future obligations from the date of Leviton’s written objection under this Agreement as to affected Royalty Bearing Products. In so contesting its obligations, Leviton must base its contest solely on the grounds set forth in the new judicial decision. Under no circumstances shall Leviton be entitled to a refund of payments accrued and/or paid prior to such objection.

9.3 If Leviton breaches a material term or condition of this License Agreement, Lutron shall have the right, but not the obligation, to terminate this License Agreement upon sixty (60) days prior written notice to Leviton. Notwithstanding the foregoing, the cure provision of Section 8.2 is in lieu of and not in addition to the cure provision in this Section 9.3. If any such default or breach is substantially cured within said sixty (60) days, this License Agreement shall not be terminated. Termination shall be in addition to all other rights and remedies available to Lutron at law or in equity and subject to the limitations in Section 6. If arbitration is applicable, prior to any termination becoming effective, Leviton shall have the right to proceed to arbitration in accordance with Section 7 to resolve any disputes that are the subject matter of the default or breach and the License Agreement shall remain in effect during the pendency of the arbitration according to Section 6.

9.4 If Leviton becomes insolvent, or makes any assignment for the benefit of creditors, or is adjudged bankrupt, or if a receiver or trustee of Leviton’s property is appointed, this License Agreement shall be immediately terminable at the option of Lutron.

9.5 The waiver by the Parties of any breach, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein.

9.6 Upon termination of this License Agreement for any reason, nothing herein shall be construed to release Leviton from any obligation which matured prior to the effective date of such termination, including the obligation to report revenues and pay license fees for the last calendar quarter in which the License Agreement was in effect. After the effective date of such termination, Leviton may continue thereafter to distribute products licensed pursuant to Section 2 that have been paid for by its customers prior to the effective date of termination of this License Agreement: provided that Leviton submits reports and pays license fees with respect thereto as if this License Agreement were still in effect.

WASH-2073448.1 9

PUBLIC VERSION 9.7 The provisions regarding Confidentiality as set forth in Section 15 of this

License Agreement shall survive the termination of this License Agreement, regardless of the reason for termination.

10. Transferability. This License Agreement is non-transferable and neither party may assign the License Agreement or grant any sublicense to a third party except that a Party may transfer or assign the License to a third-party which is the surviving entity after a merger with the Party or if the third-party acquires substantially all of the assets and liabilities of the Party (the “Transaction”), provided, however that: (i) to exercise such right the Party shall give at least ten (10) days prior notice of the Transaction to the other Party, (ii) to exercise such right, the third party shall, prior to closing of the Transaction, enter into an agreement with the Party under which it becomes the licensee hereunder and thereby assumes all of the obligations of the Party in this License Agreement, and (iii) notwithstanding anything else herein to the contrary, the grant of license set forth in Section 2 shall be limited to the Leviton or Lutron products, identified by SKU, as they exist on the closing date of the Transaction. No license shall be granted to any products of the third-party or Leviton or Lutron products modified after the closing date of such Transaction. (A third party‘s purchase of a Party‘s shares and/or a merger in which the Party as an entity (i.e., not just in name) is the surviving entity shall not be considered a transfer or assignment of the License Agreement pursuant to this Section and will not affect the effectiveness of this License Agreement as to the Party).

11. Relationship of the Parties. Nothing in this License Agreement or any attachments hereto shall be deemed or construed to constitute or create between the Parties hereto a partnership, joint venture, agency, or any other relationship other than that of licensor and licensee as herein provided. Except as expressly provided herein, neither party shall be obligated by any agreements, representations, or warranties made by the other.

12. Pavments. Unless directed otherwise by Lutron, all payments under this License Agreement shall be made to Lutron in United States currency, via check as follows:

Lutron Electronics Co., Inc. AlTN: Law Department 7200 Suter Road Coopersburg, Pennsylvania 18036-1299

13. Notices. Any notices or demands under the terms of this License Agreement or under any statute which must be or are desired to be given or made by Lutron or Leviton shall be in writing and shall be given or made by certified or registered mail return receipt requested and a copy by facsimile, addressed to the respective Parties as follows:

For Lutron:

Lutron Electronics Co., Inc. ATTN: Walter Peake - General Counsel 7200 Suter Road Coopersburg, Pennsylvania 18036-1 299 Facsimile: (61 0) 282-6354

WASH-2073448.1 10

PUBLIC VERSION with copies to:

Lutron Electronics Co., Inc. ATTN: John F.McKiernan - Vice-chairman 7200 Suter Road Coopersburg, Pennsylvania 18036-1 299 Facsimile: (610) 282-6761

For Leviton:

Meir Y. Blonder Chief Intellectual Property Counsel Leviton Manufacturing Co., Inc. 59-25 Little Neck Parkway Little Neck, NY 11362 Tel. 71 8-281 -6497 Fax. 71 8-281-6595

with copies to:

Donald J. Hendler President Leviton Manufacturing Co., Inc. 59-25 Little Neck Parkway Little Neck, NY I 1 362 Tel. 718-631-6510 Fax. 718-281-6595

Such notices or demands shall be deemed to have been given or made three (3) days after the date such notices or demands were deposited, postage prepaid, in the U.S. mail. The above addresses may be changed at any time by giving thirty (30) days prior written notice as provided above.

14. Assiqnees. This License Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns, subject to the limitations on transferability set forth in Section I O of this License Agreement.

15. Confidentialitv.

15.1 Confidentialitv. This License Agreement is subject to the confidentiality provisions of Section 10 of the Settlement Agreement. In addition, the Parties acknowledge that the amount of Net Sales Receipts and the amount of the Royalty payments: the Reports, and the audit reports under Subsection 6.8, are confidential information of Leviton ("Confidential Information"). Lutron agrees to hold in strictest confidence, and not to disclose to any person or entity in any form without the prior written consent of Leviton, any Confidential Information; except that Lutron may disclose the amount of the royalty payments to its accountants, attorneys, consultants, financial institutions and advisers who have a need to know the Confidential Information. Lutron further agrees that the Net Sales Receipts, Reports, and audit reports under Subsection 6.8 will only be disclosed to its internal senior legal officer.

WASH-2073448.1 11

PUBLIC VERSION Notwithstanding the foregoing, the Parties hereby agree that the existence of this License Agreement shall not be considered Confidential Information.

15.2 Survivinu Duty. The termination or conclusion of this License Agreement, however, shall not relieve the Parties from the obligation to maintain the confidentiality of any Confidential Information after the conclusion or termination of this License Agreement.

15.3 Protective Order in Action. This License Agreement shall not affect the parties’ ongoing obligations under the Protective Orders entered in the Actions.

16. Construction. Each Party acknowledges that it has received or had the opportunity to obtain independent legal advice regarding this License Agreement. Each Party agrees that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be employed in the interpretation, construction, or enforcement of this License Agreement. Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

17. Jurisdiction and ADDlicable Law. This License Agreement shall be governed in all respects, including validity, interpretation, and effect, by the laws of the Commonwealth of Pennsylvania, without giving effect to the principles of conflicts of law thereof.

18. Entire Aqreement. This License Agreement and the Settlement Agreement executed concurrently herewith, constitute the entire agreement among the Parties and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings of the Parties, whether oral, written, or implied, as to the subject matter hereof. No supplement, modification, or amendment of this License Agreement or waiver of rights hereunder shall be binding unless executed in writing by the Party affected thereby.

19. Severability. This License Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this License Agreement or of any other term or provision hereof. If any term or provision of the License Agreement is invalid or unenforceable by agreement of the parties or by a non- appealable final judgment, order or decree entered by a court or tribunal of competent jurisdiction, the Parties will add a provision to this License Agreement as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.

20. CounterDarts. This License Agreement may be executed in two or more counterparts and delivered by facsimile, in which case this License Agreement shall include each such executed and delivered counterpart, each of which shall be deemed to be a part of a single instrument.

* * * *

WASH-2073448.1 12

09/24 /2007 1 4 : 4 7 FAX 718 0 3 1 0595 LEVITON

IN WITNESS WHEREOF, each of the Parties hereto has caused this License Agreement to be executed on its behalf by its officers or other duly authorized representatives.

LUTRON ELECTRONICS CO., INC.

Dated: September /9,2007

Dated: September &, 2007

.

LEVITON MANUFACTURING CO., INC.

EXHIBIT 1 TO EXHIBIT A

us . U.S. (Rx) Canada

LUTRON SUBJECT PATENT RIGHTS

0813 86,8 5 0 Issued 5,637,930 901006,S 94 Issued 5,637,930 C 1 606.248 Issued I .33 1.769

1. The 5,637,930 Patent

Germany Great Britain

P392 3022.8 Issued 3923022 891 5424.9 Issued 222 1345

Great Britain 9127 124.7 Issued Divisional Japan 1 - 192475 Issued Australia 8938914 Abandoned

I

225 1727

3079477 N/A .h

2. The 5,248,919 Patent

P C T -Canada - Europe (EPC)

3. The 5,982,103 Patent

PCT/US97/0 I45 1 Inactive NIA 2,245,671 Issued 2,245,671 .- 97904898.0 Issued 0 8 794 8 5

Germany France

97904 898.0 Issued 69708846 97904898.0 Issued 0879485

Great Britain 97904898.0 Issued 0879485 Italy 97904898.0 Issued 0879485

Japan I997152856 1 Pending N/A

4. The 5,905,442 Patent

U.S. PCT Canada Europe (EPC) Japan

081599,097 Issued 5,905,442 PCT/US97/01448 Inactive N/A 2,245,673 Issued 2,245,673 97904075.5 Pending N/A 52856011997 Pending NIA

5. The 4,797599 Patent

U.S. U.S. (Rx) CA

07/040,6 I 8 Issued 4,797,599 90/006,8 76 Issued 4,797,599 c1 564.645 Issued 1.32 1.236

DE EP

88 105098.3 Issued 3 865891 88 105098.3 Issued 0293569

EP (Div.) 91 101 118.7 FR 88 105098.3

Issued 0427709 Issued 0293569

-~

GB 88 105098.3 Issued 0293569 GB (Div.) 88 105098.3 Issued 0427709 (Div.) IT 23892BE/9 I Issued 0293569

___

JP Australia __ China Korea Germany

63-0992 84 Issued 3 38645 8 Abandoned NIA

1035593 Abandoned NIA __ 97000 1 42 I Abandoned N1A 3853959 Abandoned N/A

LEVITON SUBTECT PATENT APPLICATIONS

CONTROL SYSTEM FOR ELECTRICAL DEVICES CONTROL SYSTEM FOR ELECTRICAL DEVICES

ELECTRICAL DEVICES

ELECTRICAL DEVICES

ELECTRICAL DEVICES

12/22/2006 CA 2,572,204

06/27/2005 MX PNAn008/015253 I

I 0267-001 - 21 1 lCAN

21 1 1 MEX 0267-001-21 11CN ,CONTROL SYSTEM FOR 02/07/2007 CN 200580026812.2

0267-001-21 11DO CONTROL SYSTEM FOR DO 2005/29/06/01

0267-001 - #

r

- - _ - , I

0267-001-21 11VE CONTROL SYSTEM FOR 06/22/2005 VE 2005-001 31 7

_I

EXHIBIT 2

REDACTED

EXHIBIT B

EXHIBIT B-1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

LUFKIN DIVISION

LUTRON ELECTRONICS CO., INC., )

) V. 1

LEVITON MANUFACTURING CO., INC., ) )

Defendant. )

Plaintiff, ) Civil Action No. 9:07-cv-43-RHC

AGREED JOINT MOTION FOR ENTRY OF AN ORDER OF DISMISSAL

Plaintiff Lutron Electronics Co., Inc. and Defendant Leviton Manufacturing Co.,

Inc. wish to notify the Court that the parties have resolved the present suit by way of settlement.

Accordingly, the parties hereby file this Agreed Joint Motion for Entry of an

Order of Dismissal.

A proposed Order of Dismissal is attached.

Dated: September -, 2007

PLAINTIFF LUTRON ELECTRONICS CO., INC.

George E. Chandler

CHANDLER LAW OFFICES 207 East Frank Street, Suite 105 P.O. Box 340 Lufkin, Texas 75902-0340 Telephone: (936) 632-7778 Telecopy: (936) 632-1304 gchandler@chandlerlawo ffices.com

Texas Bar No. 04094000

DEFENDANT LEVITON MANUFACTURING CO., INC.

Larry L. Shatzer, Pyo hac vice (Tennessee Bar No. 012879) [email protected] Lisa S. Mankofskys (District of Columbia Bar No. 41 193 1) [email protected] Anthon H. Son (California Bar No. 190478) [email protected] FOLEY & LARDNEF2, LLP 3000 K Street, N.W., Suite 500

Exhibit B Texas Order of Dismissal V 2 . w C

J. Thad Heartfield Texas Bar No. 09346800 Telephone: (202) 672-5300 THE HEARTFIELD LAW FIRM Telecopy: (202) 672-5399 2195 Dowlen Road Beaumont, Texas 77706 Telephone: (409) 866-33 18 Telecopy: (409) 866-5780 thadajth-law.com Clyde M. Siebman

SIEBMAN, REYNOLDS, BURG & PHILLIPS, LLP Federal Courthouse Square 300 N. Travis Street Sherman, Texas 75090 Telephone: (903) 870-0070 Telecopy: (903) 870-0066 cl [email protected]

Washington, DC 20007-5143

Texas Bar No. 18341 600

Clayton E. Dark, Jr.

LAW OFFICE OF CLAYTON E. DARK, JR. P.O. Box 2207 Luflcin, Texas 75902-2207 Telephone: (936) 637-1733 Telecopy: (936) 637-2897 cekrad@ yahoo. corn


William D. Sims, Jr. Texas Bar No. 18429500

Scott W. Breedlove Texas Bar No. 0079036 1

John D. Taurman Texas Bar No. 19680400

David E. Killough Texas Bar No. 24030903

VINSON & ELMNS LLP Trammel1 Crow Center 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201 -2975 Telephone: (214) 220-7700 Telecopy: (2 14) 220-77 16 [email protected] [email protected]

Exhibit 13 Texas Order of Dismissal V2.DOC 2

j [email protected] [email protected]

James D. Herschlein (admittedpro hac vice) David S . Benyacar (admittedpro hac vice) Daniel M. Boglioli (admittedpro hac vice) Danielle J. Garrod (admittedpro hac vice) j [email protected] [email protected] [email protected] [email protected] KAYE SCHOLER LLP 425 Park Avenue New York, New York 10022-3598 Telephone: (212) 836-8000 Telecopy: (212) 836-8689

Exhibit B Texas Order of Dismissal V2.DOC 3

EXHIBIT B-1


LUFKIN DIVISION

LUTRON ELECTRONICS CO., INC.,

Plaintiff, ) Civil Action No. 9:07-cv-43-RHC 1

V. 1 )

LEVITON MANUFACTURING CO., INC., ) )

Defendant. 1

ORDER OF DISMISSAL

This Order of Dismissal is hereby entered on the Joint Motion by Plaintiff Lutron

Electronics Co. Inc. (“LUTRON”) and Defendant Leviton Manufacturing Co. Inc. (“LEVITON”).

By consent of the parties, and having considered the same, the Court hereby adjudges, orders, and

decrees as follows:

1. Plaintiffs Compliant in this case involves claims by Plaintiff LUTRON

that Defendant LEVITON has infinged LUTRON’s intellectual property.

2. The Court has jurisdiction over the parties hereto and the subject matter of

this action.

3. Venue for this action is proper in this judicial district and division.

4. All claims, counterclaims and causes of action are dismissed with

prejudice.

5 . Each party is to bear its own costs and attorneys’ fees in this matter.

Exhibit B Texas Order of Dismissal V 2 . W C

6. The Court shall retain jurisdiction to enforce the settlement between the

parties.

Exhibit B Texas Order of Dismissal V2.DOC 2

EXHIBIT B-2


LUFKIN DIVISION

LUTRON ELECTRONICS CO., MC.,


V.

1

1 LEVITON MANUFACTURING CO., INC., )

Defendant.





Order of Dismissal.


Dated: September - 2007


George E. Chandler

CHANDLER LAW OFFICES 207 East Frank Street, Suite 105 P.O. Box 340 Lukin, Texas 75902-0340 Telephone: (936) 632-7778 Telecopy: (936) 632-1304 gchandler@chandlerlawo ffices.com



Larry L. Shatzer, pro hac vice (Tennessee Bar No. 012879) lshatzera fo ley. corn Lisa S. Mankofskys (District of Columbia Bar No. 41 193 1) lmanko fsky@ foley.com Anthon H. Son (California Bar No. 190478) ason@?foley.com FOLEY & LARDNER, LLP 3000 K Street, N.W., Suite 500

J. Thad Heartfield Texas Bar No. 09346800 Telephone: (202) 672-5300

THE HEARTFIELD LAW FIRM Telecopy: (202) 672-5399 2 1 95 Dowlen Road Beaumont, Texas 77706 Telephone: (409) 866-33 18 Telecopy: (409) 866-5780 thadaj th-law . corn Clyde M. Siebman

SIEBMAN, REYNOLDS, BURG & PHILLIPS, LLP Federal Courthouse Square 300 N. Travis Street Sheman, Texas 75090 Telephone: (903) 870-0070 Telecopy: (903) 870-0066 [email protected]

Washington, DC 20007-5 143



LAW OFFICE OF CLAYTON E. DARK, JR P.O. Box 2207 Lufkin, Texas 75902-2207 Telephone: (936) 637-1733 Telecopy: (936) 637-2897 cekrad@ yahoo .corn



Scott W. Breedlove Texas Bar No. 00790361


David E. Killough Texas Bar No. 24030903

VINSON & ELKINS LLP Trammel1 Crow Center 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201 -2975 Telephone: (2 14) 220-7700 Telecopy: (2 14) 220-77 16 [email protected] sbreedlove@velaw . corn

Exhibit B-2.DOC 2

j taurman@velaw . corn [email protected]

James D. Herschlein (admittedpro hac vice) David S . Benyacar (admittedpro hac vice) Daniel M. Boglioli (admitted pro hac vice) Danielle J. Garrod (admittedpro hac vice) j [email protected] dben [email protected] [email protected] [email protected] KAYE SCHOLER LLP 425 Park Avenue New York, New York 10022-3598 Telephone: (2 12) 836-8000 Telecopy: (212) 836-8689

Exhibit B - 2 . m 3


LUFKIN DIVISION

) LUTRON ELECTRONICS CO., INC., 1

)

1 V. 1

1 LEVITON MANUFACTURING CO., I’NC., )

1 Defendant. 1


ORDER OF DISMISSAL


Electronics Co. Inc. (“LUTRON’) and Defendant Leviton Manufacturing Co. Inc. (“LEVITON”).


decrees as follows:

1. Plaintiff‘s Compliant in this case involves claims by Plaintiff LUTRON

that Defendant LEVITON has infringed LUTRON’s intellectual property.

2. The Court has jurisdiction over the parties hereto and the subject matter of

this action.

3. Venue for this action is proper in this judicial district and division.

4. All claims, counterclaims and causes of action are dismissed with

prejudice.

5 . Each party is to bear its own costs and attorneys’ fees in this matter.

Exhibit B-2.DOC 4

6 . The Court shall retain jurisdiction to enforce the settlement between the

parties.

Exhibit B-2.DOC 5

EXHIBIT B-3

IN THE UNITED STATES DISTFUCT COURT FOR THE EASTERN DISTRICT OF TEXAS

LUFIUN DIVISION

~~

1 LUTRON ELECTRONICS CO., INC., 1


V. 1 )

LEVITON MANUFACTURING CO., DIG., ) 1

Defendant.





Order of Dismissal.


Dated: September, 2007


George E. Chandler

CHANDLER LAW OFFICES 207 East Frank Street, Suite 105 P.O. Box 340 Lufkin, Texas 75902-0340 Telephone: (936) 632-7778 Telecopy: (936) 632-1304 gchandler@chandlerlawo ffices.com



Larry L. Shatzer, pro hac vice (Tennessee Bar No. 012879) [email protected] Lisa S. Mankofskys (District of Columbia Bar No. 41 193 1) lmanko fsky@ fole y.com h t h o n H. Son (California Bar No. 190478) ason@fole y.com FOLEY & LARDNER, LLP 3000 K Street, N.W., Suite 500

J. Thad Heartfield Texas Bar No. 09346800 Telephone: (202) 672-5300

THE HEARTFIELD LAW FIRM Telecopy: (202) 672-5399 2 195 Dowlen Road Beaumont, Texas 77706 Telephone: (409) 866-33 I8 Telecopy: (409) 866-5780 [email protected] Clyde M. Siebman

SIEBMAN, REYNOLDS, BURG & PHILLIPS, LLP Federal Courthouse Square 300 N. Travis Street Sherman, Texas 75090 Telephone: (903) 870-0070 Telecopy: (903) 870-0066 cl [email protected]

Washington, DC 20007-5 143

Texas Bar No. 1834 1600


LAW OFFICE OF CLAYTON E. DARK, JR P.O. Box 2207 Lufkin, Texas 75902-2207 Telephone: (936) 637-1 733 Telecopy: (936) 637-2897 cekrad@ yahoo.com



Scott W. Breedlove Texas Bar No. 00790361


David E. Killough Texas Bar No. 24030903 VINSON & ELKINS LLP Trammel1 Crow Center 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201-2975 Telephone: (2 14) 220-7700 Telecopy: (2 14) 220-77 16 [email protected] sbreedlove@velaw .corn

Exhibit B-3.DOC 2

j t aurman@vel aw . com [email protected]

James D. Herschlein (admittedpro hac vice) David S . Benyacar (admitted pro hac vice) Daniel M. Boglioli (admittedpro hac vice) Danielle J . Garrod (admittedpro hac vice) j [email protected] dbenyacar@kayescholer. corn [email protected] dgarrod@kayescholer. com KAYE SCHOLER LLP 425 Park Avenue New York, New York 10022-3598 Telephone: (212) 836-8000 Telecopy: (212) 836-8689

Exhibit B-3.DOC 3


LUFKIN DIVISION

1 LUTRON ELECTRONICS CO., INC., 1

1

1 V. 1

) LEVITON MANUFACTURING CO., INC., )

) Defendant. 1


ORDER OF DISMISSAL


Electronics Co. Inc. (“LUTRON”) and Defendant Leviton Manufacturing Co. Inc. (“LEVITON”).


decrees as follows:

1. Plaintiffs Compliant in this case involves claims by Plaintiff LUTRON

that Defendant LEVITON has infringed LUTRON’s intellectual property.

this action.

prejudice.

Exhibit B-3.DOC

2.

3.

4.

5.

The Court has jurisdiction over the parties hereto and the subject matter of

Venue for this action is proper in this judicial district and division.

All claims, counterclaims and causes of action are dismissed with

Each party is to bear its own costs and attorneys’ fees in this matter.

4

6. The Court shall retain jurisdiction to enforce the settlement between the

parties.

Exhibit t3-3.WC 5

EXHIBIT C

EXHIBIT C

JCONFIDENTIAL SUBJECT TO PROTECTIVE ORDER IOR PUBLIC VERSION11


WASHINGTON, D.C.

Before the Honorable Carl C. Charneski

~ ~

IN THE MATTER OF



JOINT MOTION TO TERMINATE INVESTIGATION AS TO RESPONDENT LEVITON MANUFACTURING CO., INC.

BASED UPON A SETTLEMENT AGREEMENT

Pursuant to Commission Rule of Practice and Procedure 2 10.2 1 (b) (1 9 C.F.R.

9 21 0.2 I@)), Complainant Lutron Electronics Co., Inc. ("Complainant") and Respondent

Levi ton Manufacturing Co., Inc. ("Respondent" or "Levitonl') hereby jointly move to terminate

this Investigation as to Leviton based upon a Settlement Agreement.

Pursuant to Cornmission Rule 2 10.2 1 (b), a copy of the Confidential [Redacted Public

Version of the ] Settlement Agreement is attached as Exhibit A. There are no other agreements,

written or oral, express or implied, between Complainant and Respondent concerning the subject

matter of this investigation. Further, termination of this Investigation as to Leviton is in the

interest of the public and administrative economy.

Complainant and Respondent have consulted with the Commission Investigative

Attorney regarding this Motion. The Commission Investigative Attorney will provide the

WASH-2066966.1

position of the Office of Unfair Import Investigations after reviewing the attached papers in more

detail.

Accordingly, Complainant and Respondent respectfully request that the Administrative

Law Judge issue an initial determination terminating this Investigation as to Leviton on the basis

of a Settlement Agreement.

September -, 2007

Larry L. Shatzer Lisa S. Mankofsky Anthony H. Son George C. Beck Liane M. Peterson Claire L.K.K. Ogilvie FOLEY & LARDNER, LLP WASHINGTON HARBOUR 3000 K Street, NW, Suite 500 Washington, DC 20007-5 143 (202) 672-5300

Counsel for Respondent Leviton Manufacturing Co., Inc.

Respectfully submitted,

V. James Adduci I1 Michael L. Doane Sarah E. Hamblin ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P. 1200 Seventeenth Street, N.W., Fifth Floor Washington, DC 20036 ‘Telephone: (202) 467-6300

James D. Herschlein David S. Benyacar

425 Park Avenue New York, New York 10022-3598 Telephone: (212) 836-8000

KAYE SCHOLER LLP

Scott W. Breedlove David E. Killough VINSON & ELKINS LLP Trammel1 Crow Center 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201 -2975 Telephone: (2 14) 220-7993

Brent 0. Hatch Kevin W. Bates HATCH, JAMES & DODGE, P.C. 10 West Broadway, Suite 400 Salt Lake City, Utah 84 10 1 Telephone: (801) 363 -6363

Counsel for Lutron Electronics Co., Inc.

WASH-2066968. f 2

EXHIBIT D

REDACTED

EXHIBIT E

REDACTED

EXHIBIT F

REDACTED

public version c- p q .?-3 united states international...

Documents