`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ALARM.COM INCORPORATED,
`Petitioner
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`v.
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`VIVINT, INC.,
`Patent Owner
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`
`
`Case IPR2015-01965
`Patent 7,884,713
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`PATENT OWNER VIVINT, INC.’S NOTICE OF APPEAL
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`
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`via PTAB E2E
`Patent Trial and Appeal Board
`
`via Hand Carry
`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
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`via CM/ECF
`United States Court of Appeals for the Federal Circuit
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`
`
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`Case IPR2015-01965
`U.S. Patent No. 7,884,713
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`INTRODUCTION
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`Vivint, Inc.’s appeal stems from the Patent Trial and Appeal Board’s Final
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`Written Decision entered on March 29, 2017 (Paper 36) (the “Final Written
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`Decision”) in the above-captioned inter partes review of United States Patent No.
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`7,884,713 B1. This notice is timely filed within 63 days of the Final Written
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`Decision. 37 C.F.R. § 90.3(b)(1).
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`VIVINT, INC.’S APPEAL
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`Please take notice that under 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R. §§
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`90.2(a), 90.3(a), and Federal Rules of Appellate Procedure/Federal Circuit Rule
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`4(3)(a), Patent Owner Vivint, Inc. hereby appeals to the United States Court of
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`Appeals for the Federal Circuit from the Final Written Decision based on the
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`“Decision, Granting Institution of Inter Partes Review” entered on March 30, 2016
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`(Paper 12) (the “Institution Decision”).
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`VIVINT, INC.’S ISSUES ON APPEAL
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Vivnit, Inc.’s issues on appeal
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`include at least: (i) the Board’s finding that claims 1–3, 7, 9–12, 14–21, 25, 27–30,
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`32–39, 43, 45–48, and 50–54 would have been anticipated by Osman; (ii) the
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`Board’s finding that claims 4–8, 22–26, and 40–44 would have been obvious over
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`Osman and Suzuki; (iii) the Board’s finding that claims 13, 31, and 49 would have
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`been obvious over Osman and Seligmann; and (iv) any findings or determinations
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`- 1 -
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`Case IPR2015-01965
`U.S. Patent No. 7,884,713
`supporting or related to the aforementioned issues as well as all other issues
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`decided adversely to Vivint, Inc. in any orders, decisions, rulings, phone
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`conference decisions, and/or opinions.
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`Simultaneously with this submission, Vivint, Inc. is filing a true and correct
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`copy of this Notice of Appeal with the Director of the United States Patent and
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`Trademark Office and a true and correct copy of the same, along with the required
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`docketing fee, with the Clerk of the United States Court of Appeals for the Federal
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`Circuit as set forth in the accompanying Certificate of Filing.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`/Jason D. Eisenberg/
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`Robert Greene Sterne (Reg. No. 28,912)
`Jason D. Eisenberg (Reg. No. 43,447)
`Attorneys for Patent Owner
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`Date: May 30, 2017
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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`- 2 -
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`Case IPR2015-01965
`U.S. Patent No. 7,884,713
`CERTIFICATE OF FILING
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`The undersigned hereby certifies that, in addition to being electronically
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`filed through PTAB E2E, a true and correct copy of the above-captioned PATENT
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`OWNER VIVINT, INC.’S NOTICE OF APPEAL is being filed by hand with
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`the Director on May 30, 2017, at the following address:
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`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
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`The undersigned also hereby certifies that a true and correct copy of the
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`above-captioned PATENT OWNER VIVINT, INC.’S NOTICE OF APPEAL
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`and the filing fee is being filed via CM/ECF with the Clerk’s Office of the United
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`States Court of Appeals for the Federal Circuit on May 30, 2017.
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`Respectfully submitted,
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`/Jason D. Eisenberg/
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`Jason D. Eisenberg (Reg. No. 43,447)
`Attorney for Patent Owner
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`Date: May 30, 2017
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`Case IPR2015-01965
`U.S. Patent No. 7,884,713
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that the foregoing PATENT OWNER
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`
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`VIVINT, INC.’S NOTICE OF APPEAL was served electronically via e-mail on
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`May 30, 2017, in its entirety on the following counsel for Petitioner:
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`William H. Mandir (wmandir@sughrue.com) (Lead Counsel)
`Roger G. Brooks (rgbrooks@cravath.com) (Back-up Counsel)
`Teena-Ann V. Sankoorikal (tsankoor@cravath.com) (Back-up Counsel)
`Brian K. Shelton (bshelton@sughrue.com) (Back-up Counsel)
`Marc J. Khadpe (mkhadpe@cravath.com) (Back-up Counsel)
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`Respectfully submitted,
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`/Jason D. Eisenberg/
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`Jason D. Eisenberg (Reg. No. 43,447)
`Attorney for Patent Owner
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`Date: May 30, 2017
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