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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ALARM.COM INCORPORATED,
`Petitioner
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`v.
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`VIVINT, INC.,
`Patent Owner
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`
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`Case IPR2016-00116
`Patent 6,147,601
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`PATENT OWNER VIVINT, INC.’S NOTICE OF APPEAL
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`
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`via PTAB E2E
`Patent Trial and Appeal Board
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`via Hand Carry
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
`
`via CM/ECF
`United States Court of Appeals for the Federal Circuit
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`
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`Case IPR2016-00116
`U.S. Patent No. 6,147,601
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`INTRODUCTION
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`Vivint, Inc.’s appeal stems from the Patent Trial and Appeal Board’s Final
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`Written Decision entered on May 2, 2017 (Paper 39) (the “Final Written
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`Decision”) in the above-captioned inter partes review of United States Patent No.
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`6,147,601. This notice is timely filed within 63 days of the Final Written Decision.
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`37 C.F.R. § 90.3(b)(1).
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`Once the present appeal is docketed, Patent Owner respectfully requests that
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`the Federal Circuit consolidate this appeal with the appeals of related Inter Partes
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`review proceedings IPR2016-00161 and IPR2016-00173, concurrently filed today,
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`into one single appeal for briefing and argument.
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`VIVINT, INC.’S APPEAL
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`Please take notice that under 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R. §§
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`90.2(a), 90.3(a), and Federal Rules of Appellate Procedure/Federal Circuit Rule
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`4(3)(a), Patent Owner Vivint, Inc. hereby appeals to the United States Court of
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`Appeals for the Federal Circuit from the Final Written Decision based on the
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`“Decision, Granting Institution of Inter Partes Review” entered on May 4, 2016
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`(Paper 14) (the “Institution Decision”).
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`VIVINT, INC.’S ISSUES ON APPEAL
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Vivnit, Inc.’s issues on appeal
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`include at least: (i) the Board’s finding that claims 1, 2, 4, 6, 10-13, 15, 17, 22, 23,
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`- 1 -
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`Case IPR2016-00116
`U.S. Patent No. 6,147,601
`25, 29, and 38 would have been obvious over Shetty; (ii) the Board’s finding that
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`claim 7 would have been obvious over Shetty and Levac; (iii) the Board’s finding
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`that claims 14, 17, 18, and 38 would have been obvious over Shetty and French;
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`and (iv) any findings or determinations supporting or related to the aforementioned
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`issues as well as all other issues decided adversely to Vivint, Inc. in any orders,
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`decisions, rulings, phone conference decisions, and/or opinions.
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`Simultaneously with this submission, Vivint, Inc. is filing a true and correct
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`copy of this Notice of Appeal with the Director of the United States Patent and
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`Trademark Office and a true and correct copy of the same, along with the required
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`docketing fee, with the Clerk of the United States Court of Appeals for the Federal
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`Circuit as set forth in the accompanying Certificate of Filing.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/ Jason D. Eisenberg /
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`Robert Greene Sterne (Reg. No. 28,912)
`Jason D. Eisenberg (Reg. No. 43,447)
`Attorneys for Patent Owner
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`Date: June 22, 2017
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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`- 2 -
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`Case IPR2016-00116
`U.S. Patent No. 6,147,601
`CERTIFICATE OF FILING
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`The undersigned hereby certifies that, in addition to being electronically
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`filed through PTAB E2E, a true and correct copy of the above-captioned PATENT
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`OWNER VIVINT, INC.’S NOTICE OF APPEAL is being filed by hand with
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`the Director on June 22, 2017, at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, 10B20
`Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
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`The undersigned also hereby certifies that a true and correct copy of the
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`above-captioned PATENT OWNER VIVINT, INC.’S NOTICE OF APPEAL
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`and the filing fee is being filed via CM/ECF with the Clerk’s Office of the United
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`States Court of Appeals for the Federal Circuit on June 22, 2017.
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`Date: June 22, 2017
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`Respectfully submitted,
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`/Jason D. Eisenberg/
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`Jason D. Eisenberg (Reg. No. 43,447)
`Attorney for Patent Owner
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`Case IPR2016-00116
`U.S. Patent No. 6,147,601
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that the foregoing PATENT OWNER
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`VIVINT, INC.’S NOTICE OF APPEAL was served electronically via e-mail on
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`June 22, 2017, in its entirety on the following counsel for Petitioner:
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`William H. Mandir (wmandir@sughrue.com) (Lead Counsel)
`Brian K. Shelton (bshelton@sughrue.com) (Back-up Counsel)
`Roger G. Brooks (rgbrooks@cravath.com) (Back-up Counsel)
`Teena-Ann V. Sankoorikal (tsankoorikal@cravath.com) (Back-up Counsel)
`Marc J. Khadpe (mkhadpe@cravath.com) (Back-up Counsel)
`Richard J. Stark (rstark@cravath.com) (Back-up Counsel)
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`Respectfully submitted,
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`Jason D. Eisenberg (Reg. No. 43,447)
`Attorney for Patent Owner
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` Jason D. Eisenberg /
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` /
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`Date: June 22, 2017
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