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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`ALARM.COM INC.
`Petitioner
`
`v.
`
`VIVINT, INC.
`Patent Owner
`___________________
`
`Case IPR2016-00116
`Patent 6,147,601
`___________________
`
`PATENT OWNER’S NOTICE OF APPEAL OF DECISION ON
`REMAND
`
`
`via PTAB E2E
`Patent Trial and Appeal Board
`
`via U.S.P.S. Priority Mail Express®
`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
`
`
`
`
`
`
`
`Case IPR2016-00116
`U.S. Pat. No. 6,147,601
`
`INTRODUCTION
`
`Vivint, Inc.’s (“Patent Owner”) appeal stems from the Patent Trial and
`
`Appeal Board’s Decision on Remand entered on July 24, 2019 (Paper 55)
`
`(“Decision on Remand”) in the above-captioned inter partes review of United
`
`States Patent No. 6,147,601 (“the ’601 Patent”). This notice is timely filed within
`
`63 days of the Decision on Remand. 37 C.F.R. § 90.3(a)(1).
`
`PATENT OWNER’S APPEAL
`
`Please take notice that under 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R. §§
`
`90.2(a), 90.3(a), and Federal Rules of Appellate Procedure/Federal Circuit Rule
`
`4(3)(a), Patent Owner hereby appeals to the United States Court of Appeals for the
`
`Federal Circuit from the Decision on Remand.
`
`PATENT OWNER’S ISSUES ON APPEAL
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner’s issues on
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`appeal include at least: (i) the Board’s finding that claims 26, 27, and 33-35 of the
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`’601 Patent are unpatentable as obvious over Shetty; (ii) the Board’s finding that
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`claim 28 of the ’601 patent is unpatentable as obvious over the combination of
`
`Shetty and Levac; (iii) Board’s finding that claim 36 of the ’601 patent is
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`unpatentable as obvious over the combination of Shetty and French; and (iv) any
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`finding or determination supporting or related to the aforementioned issues as well
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`
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`- 1 -
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`Case IPR2016-00116
`U.S. Pat. No. 6,147,601
`as all other issues decided adversely to Patent Owner in any order, decision, ruling,
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`
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`phone conference decision, and/or opinion.
`
`Simultaneously with this submission, Patent Owner is filing a true and
`
`correct copy of this Notice of Appeal with the Director of the United States Patent
`
`and Trademark Office and a true and correct copy of the same, along with the
`
`required docketing fee, with the Clerk of the United States Court of Appeals for the
`
`Federal Circuit as set forth in the accompanying Certificate of Filing.
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
` /Jason D. Eisenberg/
`
`Jason D. Eisenberg, Reg. No. 43,447
`Attorney for Patent Owner
`
`Date: September 25, 2019
`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. Pat. No. 6,147,601
`
`CERTIFICATION OF FILING
`
`The undersigned hereby certifies that, in addition to being electronically
`
`filed through PTAB E2E, a true and correct copy of the above-captioned PATENT
`
`OWNER’S NOTICE OF APPEAL OF DECISION ON REMAND is being
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`filed by U.S.P.S. Priority Mail Express® with the Director on September 25, 2019
`
`at the following address:
`
`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
`
`
`The undersigned also hereby certifies that a true and correct copy of the
`
`above-captioned PATENT OWNER’S NOTICE OF APPEAL OF DECISION
`
`ON REMAND and the filing fee is being filed via CM/ECF with the Clerk’s
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`Office of the United States Court of Appeals for the Federal Circuit on September
`
`25, 2019.
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
` /Jason D. Eisenberg/
`
`Jason D. Eisenberg, Reg. No. 43,447
`Attorney for Patent Owner
`
`Date: September 25, 2019
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`
`
`
`Case IPR2016-00116
`U.S. Pat. No. 6,147,601
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`
`
`NOTICE OF APPEAL OF DECISION ON REMAND was served
`
`electronically via e-mail on September 25, 2019, in its entirety on the following:
`
`
`
`William H. Mandir (Lead Counsel)
`David P. Emery (Back-up Counsel)
`SUGHRUE MION, PLLC
`wmandir@sughrue.com
`demery@sughrue.com
`
`Richard J. Stark (Back-up Counsel)
`Marc J. Khadpe (Back-up Counsel)
`CRAVATH, SWAINE & MOORE LLP
`rstark@cravath.com
`mkhadpe@cravath.com
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason D. Eisenberg/
`
`Jason D. Eisenberg, Reg. No. 43,447
`Attorney for Patent Owner
`
`Date: September 25, 2019
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`13889476_1.docx
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