Case: 17-2112
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`Documentq47-1
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`Pagezl
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`Filed: 07/13/2018
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`(1 of 5)
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`NOTE: This disposition is nonprecedential.
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`fiHm’teiJ étates (£01m of gppeals
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`for the jfeheral @trmit
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`VIVINT, INC.,
`Appellant
`
`V.
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`ALARM.COM INC.,
`Appellee
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`2017-2112
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`Appeal from the United States Patent and Trademark
`Office, Patent Trial and Appeal Board in No. IPR2015-
`01965.
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`JUDGMENT
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`ROBERT GREENE STERNE, Sterne Kessler Goldstein &
`Fox, PLLC, Washington, DC, argued for appellant. Also
`represented by JASON DANIEL EISENBERG, ADAM LAROCK.
`
`TEENA-ANN V. SANKOORIKAL, Levine Lee LLP, New
`York, NY, argued for appellee. Also represented by
`RICHARD J. STARK, Cravath Swaine & Moore LLP, New
`York, NY; WILLIAM MANDIR, DAVID PHILLIP EMERY,
`Sughrue Mion, PLLC, Washington, DC.
`
`

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`Case: 17-2112
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`Document: 47-1
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`Page:2
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`Filed: 07/13/2018
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`(2 of 5)
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`THIS CAUSE having been heard and considered, it is
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`ORDERED and ADJUDGED2
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`PER CURIAM (NEWMAN, LOURIE, and MOORE, Circuit
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`Judges).
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`AFFIRMED. See Fed. Cir. R. 36.
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`ENTERED BY ORDER OF THE COURT
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`July 13, 2018
`Date
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`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`
`Clerk of Court
`
`

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`Case: 17-2112
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`Document: 47-2
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`Page: 1
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`Filed: 07/13/2018
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`(3 of 5)
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`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
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`NOTICE OF ENTRY OF
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`JUDGMENT WITHOUT OPINION
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`JUDGMENT ENTERED: 07/13/2018
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`The judgment of the court in your case was entered today pursuant to Rule 36. This Court affirmed the judgment
`or decision that was appealed. None of the relief sought in the appeal was granted. No opinion accompanied the
`judgment. The mandate will be issued in due course.
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`Information is also provided about petitions for rehearing and suggestions for rehearing en banc. The questions
`and answers are those frequently asked and answered by the Clerk's Office.
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`Costs are taxed against the appellant in favor of the appellee under Rule 39. The party entitled to costs is
`provided a bill of costs form and an instruction sheet with this notice.
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`The parties are encouraged to stipulate to the costs. A bill of costs will be presumed correct in the absence of a
`timely filed objection.
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`Costs are payable to the party awarded costs. If costs are awarded to the government, they should be paid to
`the Treasurer of the United States. Where costs are awarded against the government, payment should be made to
`the person(s) designated under the governing statutes, the court's orders, and the parties' written settlement
`agreements. In cases between private parties, payment should be made to counsel for the party awarded costs or, if
`the party is not represented by counsel, to the party pro se. Payment of costs should not be sent to the court. Costs
`should be paid promptly.
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`If the court also imposed monetary sanctions, they are payable to the opposing party unless the court's opinion
`provides otherwise. Sanctions should be paid in the same way as costs.
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`Regarding exhibits and visual aids: Your attention is directed to FRAP 34(9) which states that the clerk may
`destroy or dispose of the exhibits if counsel does not reclaim them within a reasonable time after the clerk gives
`notice to remove them. (The clerk deems a reasonable time to be 15 days from the date the final mandate is issued.)
`
`FOR THE COURT
`
`/s/ Peter R. Marksteiner
`
`Peter R. Marksteiner
`Clerk of Court
`
`17-2112 - Vivint, Inc. v. Alarm.com Inc.
`United States Patent and Trademark Office, Case No. lPR2015-O1965
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`

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`Case: 17-2112
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`Document: 47-3
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`Page: 1
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`Filed: 07/13/2018
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`(4 of 5)
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`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
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`717 MADISON PLACE, N.W.
`WASHINGTON, DC. 20439
`
`PETER R. MARKSTEINER
`CLERK OF COURT
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`202-275-8000
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`Information Sheet
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`Petitions for Rehearing and Petitions for Hearing and Rehearing En Banc
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`1. When is a petition for rehearing appropriate?
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`The Federal Circuit grants few petitions for rehearing each year. These petitions for
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`rehearing are rarely successful because they typically fail to articulate sufficient
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`grounds upon which to grant them. Of note, petitions for rehearing Should notbe used
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`to reargue issues previously presented that were not accepted by the merits panel
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`during initial consideration of the appeal. This is especially so when the court has
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`entered a judgment of affirmance without opinion under Fed. Cir. R. 36. Such
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`dispositions are entered if the court determines the judgment of the trial court is based
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`on findings that are not clearly erroneous, the evidence supporting the jury verdict is
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`sufficient, the record supports the trial court’s ruling, the decision of the administrative
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`agency warrants affirmance under the appropriate standard of review, or the judgment
`or decision is without an error of law.
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`2. When is a petition for hearing/rehearing en banc appropriate?
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`En banc consideration is rare. Each three-judge merits panel is charged with deciding
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`individual appeals under existing Federal Circuit law as established in precedential
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`opinions. Because each merits panel may enter precedential opinions, a party seeking
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`en banc consideration must typically ShOW that either the merits panel has (1) failed to
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`follow existing decisions of the US. Supreme Court or Federal Circuit precedent or (2)
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`followed Federal Circuit precedent that the petitioning party now seeks to have
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`overruled by the court en banc. Federal Circuit Internal Operating Procedure #13
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`identifies several reasons when the Federal Circuit may opt to hear a matter en banc.
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`3. Is it necessary to file either of these petitions before filing a petition for
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`a writ certiorari in the US. Supreme Court?
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`No. A petition for a writ of certiorari may be filed once the court has issued a final
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`judgment in a case.
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`
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`
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`For additional information and filing requirements, please refer to Fed.
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`Cir. R. 40 (Petitions for Rehearing) and Fed. Cir. R. 35 (Petitions for
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`
`
`
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`Hearing or Rehearing En Banc).
`
`
`Revised May 10, 2018
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`

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`Case: 17-2112
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`Document: 47-4
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`Pagezl
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`Filed: 07/13/2018
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`(5 of 5)
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`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`
`717 MADISON PLACE, N.W.
`WASHINGTON, DC. 20439
`
`PETER R. MARKSTEINER
`CLERK OF COURT
`
`202-275-8000
`
`Information Sheet
`
`Filing a Petition for a Writ of Certiorari
`
`There is no automatic right of appeal to the Supreme Court of the United States from
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`judgments of the Federal Circuit. Instead, a party must file a petition for a writ of
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`certiorari which the Supreme Court will grant only when there are compelling reasons. See
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`Supreme Court Rule 10.
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`Time. The petition must be filed in the Supreme Court of the United States within 90 days
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`of the entry of judgment in this Court or within 90 days of the denial of a timely petition for
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`rehearing. The judgment is entered on the day the Federal Circuit issues a final decision in
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`your case. The time does not run from the issuance of the mandate. See Supreme Court
`Rule 13.
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`Fees. Either the $300 docketing fee or a motion for leave to proceed in forma pauperis with
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`an affidavit in support thereof must accompany the petition. See Supreme Court Rules 38
`and 39.
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`Authorized Filer. The petition must be filed by a member of the bar of the Supreme Court
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`of the United States or by the petitioner as a self-represented individual.
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`Format of a Petition. The Supreme Court Rules are very specific about the content and
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`formatting of petitions. See Supreme Court Rules 14, 33, 34. Additional information is
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`available at httpsz/lwww.supremecourt.gov/filingandrules/rules guidanceaspx.
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`Number of Copies. Forty copies of a petition must be filed unless the petitioner is
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`proceeding in forma pauperis, in which case an original and ten copies of both the petition
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`for writ of certiorari and the motion for leave to proceed in forma pauperis must be filed.
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`See Supreme Court Rule 12.
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`Filing. Petitions are filed in paper at Clerk, Supreme Court of the United States, 1 First
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`Street, NE, Washington, DC 20543.
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`Effective November 13, 2017, electronic filing is also required for filings submitted by
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`parties represented by counsel. See Supreme Court Rule 29.7. Additional information
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`about electronic filing at the Supreme Court is available at
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`https://www.supremecourt.gov/filingandrules/electronicfiling.aspx.
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`No documents are filed at the Federal Circuit and the Federal Circuit provides no
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`information to the Supreme Court unless the Supreme Court asks for the information.
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`Revised May 10, 2018
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