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News & Insights

ADT Wins Appeal Affirming PTAB Decision Invalidating Patent Claims

October 17, 2024

On October 15, 2024, the United States Court of Appeals for the Federal Circuit affirmed an inter partes review (“IPR”) decision by the Patent Trial and Appeal Board (“PTAB”) in favor of Cravath client ADT Inc., invalidating all claims of a patent at issue in litigation brought by Vivint, Inc.

ADT petitioned for IPR after Vivint sued ADT in 2021, alleging that ADT’s interactive security and home automation technology infringed certain of Vivint’s patents relating to remote monitoring and alerting systems. In a final decision issued in 2023, the PTAB concluded that all claims of Vivint’s U.S. Patent No. 7,956,739 (the “’739 Patent”) were invalid on the basis of 35 U.S.C. § 102 (anticipation) and 35 U.S.C. § 103 (obviousness). Vivint appealed that decision, arguing that the PTAB misconstrued certain claim limitations of the ’739 Patent pertaining to location determination. After hearing oral argument on October 9, 2024, the Federal Circuit summarily affirmed the PTAB’s decision in favor of ADT.

The Cravath team included partners Keith R. Hummel and Sharonmoyee Goswami, who argued before the PTAB and on appeal; now retired partner Richard J. Stark; of counsel Andrei Harasymiak; senior attorney Marc J. Khadpe; practice area attorney Donald Robert Bunton; and former practice area attorney Matthew J. Boggess.

The case is ADT LLC v. Vivint, Inc., Nos. IPR2021‑01374 (P.T.A.B.), 2023‑1787 (Fed. Cir.).

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People

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Name
Keith R. Hummel
Title
Litigation
Title
Partner
Email
khummel@cravath.com
Phone
+1-212-474-1772
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    Education

    • J.D., 1990, Georgetown University Law Center
      Order of the Coif, magna cum laude
    • B.A., 1987, University of Notre Dame

    Admitted In

    • New York
    Photo
    Name
    Sharonmoyee Goswami
    Title
    Litigation
    Title
    Partner
    Email
    sgoswami@cravath.com
    Phone
    +1-212-474-1928
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      Education

      • J.D., 2012, New York University School of Law
        Order of the Coif, magna cum laude
      • B.S.E., 2009, Princeton University

      Admitted In

      • New York
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      Name
      Andrei Harasymiak
      Title
      Litigation
      Title
      Of Counsel
      Email
      aharasymiak@cravath.com
      Phone
      +1-212-474-1176
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        Education

        • J.D., 1994, Harvard Law School
          cum laude
        • A.B., 1987, Harvard College
          magna cum laude

        Admitted In

        • New York
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        Name
        Marc J. Khadpe
        Title
        Litigation
        Title
        Senior Attorney- Leave Of Absence
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          Education

          • J.D., 2006, University of Pennsylvania Law School
            cum laude
          • M.HCI, 2000, Carnegie Mellon University
          • B.S., 1999, Pennsylvania State University

          Admitted In

          • New York
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          Name
          Donald Robert Bunton
          Title
          Litigation
          Title
          Practice Area Attorney
          Email
          dbunton@cravath.com
          Phone
          +1-212-474-1804
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            Education

            • J.D., 2015, University of Illinois College of Law
              CALI Award in Patent Prosecution and International Intellectual Property Law; Honors in Legal research, magna cum laude
            • B.S., 2011, University of Illinois

            Admitted In

            • New York
            Photo
            Name
            Richard J. Stark
            Title
            Litigation
            Title
            Retired Partner
            Email
            rstark@cravath.com
            Phone
            +1-212-474-9999
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              Education

              • M.S., 2014, Columbia University
              • J.D., 1991, New York University School of Law
              • A.B., 1986, Harvard University
                cum laude

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              Cravath represented ADT Inc. in connection with the $613.4 million registered secondary offering of common stock and share repurchase by certain entities managed by affiliates of Apollo Global Management, Inc. ADT Inc. is a leading provider of security, interactive, and smart home solutions. The transaction closed on March 4, 2025.

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              ADT’s $1.6 Billion Sale of its Commercial Business to GTCR

              On August 8, 2023, ADT Inc. (“ADT”), a trusted brand in smart home and small business security, announced that it has entered into a definitive agreement to sell its commercial security, fire and life safety business unit to GTCR, a leading private equity firm, for a purchase price of $1.6 billion, subject to customary purchase price adjustments. Cravath is representing ADT in connection with the transaction.

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