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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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`Case IPR2016-00116
`U.S. Patent No. 6,147,601
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`——————
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`ALARM.COM INC.
`Petitioner
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`v.
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`VIVINT, INC.
`Patent Owner
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`——————
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`Case No. IPR2016-00116
`Patent 6,147,601
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`——————
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`PETITIONER’S NOTICE OF APPEAL
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Pursuant to 35 U.S.C. §§ 141, 142 and 319 and 37 C.F.R. § 90.2(a),
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`Petitioner Alarm.com Incorporated hereby appeals from the Final Written Decision
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`Case IPR2016-00116
`U.S. Patent No. 6,147,601
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`of the Patent Trial and Appeal Board entered on May 2, 2017 (Paper 39) in the
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`above-captioned inter partes review of United States Patent No. 6,147,601, and
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`from all underlying orders, decisions, rulings and opinions related thereto and
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`included therein. Patent Owner Vivint, Inc. filed an initial notice of appeal on June
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`22, 2017. This appeal is timely under 37 C.F.R. § 90.3(a) and Rule 4(a)(3) of the
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`Federal Rules of Appellate Procedure.
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`Once the present appeal is docketed, Petitioner respectfully requests
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`that the Court consolidate this appeal with the appeals of related inter partes
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`review proceedings IPR2016-00173 and IPR2016-00161, concurrently filed today,
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`into one single appeal for briefing and argument. Petitioner further requests that
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`the Federal Circuit treat this appeal as a cross-appeal from the Patent Owner’s
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`appeal of related inter partes review proceedings IPR2016-00116, Case No.
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`17-2218.
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`For the purposes of 37 C.F.R. § 90.2(a)(3)(ii), the issues on appeal
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`include the Board’s determination that Petitioner did not show that claims 5, 8, 9,
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`19–21, 26–28, 30, 31, 33–37 and 39–41 of U.S. Patent No. 6,147,601 are
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`unpatentable under 35 U.S.C. § 103 in view of the grounds of unpatentability on
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`which inter partes review was instituted. The issues on appeal also include any
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`1
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`Case IPR2016-00116
`U.S. Patent No. 6,147,601
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`finding or determination supporting or related to the aforementioned issues as well
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`as all other issues decided adversely to Petitioner in any order, decision, ruling,
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`phone conference or opinion.
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`Pursuant to 37 C.F.R. § 90.2(a)(1), a true and correct copy of this
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`Notice of Appeal is being mailed simultaneously with the Office of the General
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`Counsel of the United States Patent and Trademark Office and a true and correct
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`copy of the same, along with the required docketing fee, is being filed with the
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`Clerk of the United States Court of the United States Court of Appeals for the
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`Federal Circuit as set forth in the accompanying Certificate of Filing.
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`Respectfully submitted,
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`By:
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`/s/ William H. Mandir
`William H. Mandir
`Registration No. 32,156
`Counsel for Petitioner
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`Dated: July 5, 2017
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`Case IPR2016-00116
`U.S. Patent No. 6,147,601
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`CERTIFICATE OF FILING AND FEE PAYMENT
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`The undersigned hereby certifies that, in addition to being
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`electronically filed with the Board through PTAB E2E, a true and correct copy of
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`the above-captioned PETITIONER’S NOTICE OF APPEAL is being mailed to
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`the Office of the General Counsel on July 5, 2017, at the following address:
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`Office of the General Counsel,
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22314
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`The undersigned also hereby certifies that a true and correct copy of
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`the above-captioned PETITIONER’S NOTICE OF APPEAL and the filing fee
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`is being filed via CM/ECF with the Clerk’s Office of the United States Court of
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`Appeals for the Federal Circuit on July 5, 2017.
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`Respectfully submitted,
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`Dated: July 5, 2017
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`By:
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`/s/ William H. Mandir
`William H. Mandir
`Registration No. 32,156
`Counsel for Petitioner
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`Case IPR2016-00116
`U.S. Patent No. 6,147,601
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing PETITIONER’S
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`NOTICE OF APPEAL was served electronically via e-mail on July 5, 2017, in its
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`entirety on the following counsel for Patent Owner:
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`Robert Greene Sterne (rsterne-PTAB@skgf.com)
`Jason D. Eisenberg (jasone-PTAB@skgf.com)
`PTAB@skgf.com
`STERNE, KESSLER, GOLDSTEIN & FOX
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
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`
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`Counsel of Record for the Patent Owner in this proceeding
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`Respectfully submitted,
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`Dated: July 5, 2017
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`By:
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`/s/ William H. Mandir
`William H. Mandir
`Registration No. 32,156
`Counsel for Petitioner
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