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ALARM.COM INC. v. HIRSHFELD

2021-2102.

26 F.4th 1348 (2022)

ALARM.COM INCORPORATED, Plaintiff-Appellant v. Andrew HIRSHFELD, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, United States Patent and Trademark Office, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: February 24, 2022.

Attorney(s) appearing for the Case

Sharonmoyee Goswami , Cravath Swaine & Moore LLP, New York, NY, argued for plaintiff-appellant.

Kevin Benjamin Soter , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for defendants-appellees. Also represented by Brian M. Boynton , Daniel Tenny . Jessica D. Aber , Office of the United States Attorney for the Eastern District of Virginia, United States Department of Justice, Alexandria, VA; Sarah E. Craven , Thomas W. Krause , Farheena Yasmeen Rasheed , Meredith Hope Schoenfeld , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Before Taranto, Chen, and Cunningham, Circuit Judges.

In 2015, Alarm.com Incorporated filed petitions in the Patent and Trademark Office (PTO or Patent Office) seeking inter partes reviews (IPRs) under 35 U.S.C. §§ 311-19 of claims of three patents owned by Vivint, Inc. The IPRs were instituted, and the PTO's Patent Trial and Appeal Board in 2017 issued three final...

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