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Site Lawyers Wins Appeals Affirming Inter Partes Review Decisions in Vivint Patent Infringement Suit

On July 13 and 26, 2018, the United States Court of Appeals for the Federal Circuit affirmed two inter partes review (“IPR”) decisions by the Patent Trial and Appeal Board (“PTAB”) in favor of Cravath client Incorporated, invalidating two patents at issue in litigation brought by Vivint, Inc. petitioned for IPR review after Vivint sued in 2015 alleging that’s interactive security and home automation technology infringed six of Vivint’s patents relating to remote monitoring, control of equipment and home-located electronic devices, and location-based alerting systems. After oral arguments held on November 30, 2016, the PTAB ruled in favor of, invalidating all 85 challenged claims in two of Vivint's patents, including all claims asserted in the litigation, on the basis of 35 U.S.C. § 102 (anticipation) and 35 U.S.C. § 103 (obviousness).

The Cravath team included partner Richard J. Stark and retired partner Roger G. Brooks; practice area attorney Marc J. Khadpe; and associates Michael J. Zaken, Jonathan D. Mooney and Rachel Lamorte. Summer associate Harold C. King also worked on this matter. The cases are Inc. v. Vivint, Inc., No. IPR2015-01965 (P.T.A.B.), No. 2017-2112 (Fed. Cir.) and Inc. v. Vivint, Inc., No. IPR2015-01977 (P.T.A.B.), No. 2017-2076 (Fed. Cir.). The underlying litigation is Vivint, Inc. v. Inc., No. 15-cv-0392 (D. Utah).