22 unchanged sentences
On July 24, 2019, the PTAB issued further decisions with respect to two of the remaining patents in suit, finding additional claims unpatentable in view of the Federal Circuit’s December 20, 2018 decision.
−Removed: One of the claims asserted in the litigation was found unpatentable in the July 14, 2019 decisions.
+Added: One of the claims asserted in the litigation was found unpatentable in the July 14, 2019
Vivint appealed the July 24, 2019 decisions to the Federal Circuit on September 25, 2019.
21 unchanged sentences
On December 26, 2019, the court issued an order staying the lawsuit pending the conclusion of the related ITC investigation.
−Removed: On January 31, 2020, EcoFactor filed a second lawsuit against us in U.S.
−Removed: District Court, Western District of Texas, alleging Alarm.com’s products and services infringe four additional U.S.
+Added: On May 26, 2020, EcoFactor filed a second lawsuit against us in U.S.
+Added: District Court, District of Massachusetts, alleging Alarm.com’s products and services infringe four additional U.S.
patents owned by EcoFactor.
EcoFactor is seeking permanent injunctions, enhanced damages and attorneys' fees.
−Removed: Our response to the complaint is due on May 27, 2020.
+Added: We have not yet been served with the complaint.
Should EcoFactor prevail in the ITC investigation, Alarm.com thermostats manufactured abroad could be excluded from importation into the United States.
1 unchanged sentence
While we believe we have valid defenses to EcoFactor’s claims, the outcome of these legal claims cannot be predicted with certainty and any of these outcomes could result in an adverse effect on our business.
+Added: On May 8, 2020, a putative class action lawsuit was filed against us by Craig Hicks in the U.S.
+Added: District Court for the Eastern District of Virginia, alleging violations of the Telephone Consumer Protection Act, or the TCPA, and the Virginia Telephone Privacy Protection Act, or the VTPPA.
+Added: The complaint seeks statutory damages under the TCPA and VTPPA, injunctive relief, and other relief, including attorneys' fees.
+Added: We filed a motion to dismiss the complaint on July 2, 2020, and plaintiff filed his response on July 16, 2020.
+Added: We filed our reply on July 22, 2020.
+Added: The matter remains pending.
+Added: On July 29, 2020, a putative class action was filed against Alarm.com Incorporated d/b/a ICN Acquisition, among other defendants, by Abante Rooter and Plumbing Inc.
+Added: and Sidney Naiman in the U.S.
+Added: District Court for the Northern District of California, alleging violations of the TCPA.
+Added: The complaint seeks statutory damages under the TCPA, injunctive relief, and other relief.
+Added: We have agreed to waive service of the complaint, and our response is due September 29, 2020.
In addition to the matters described above, we may be required to provide indemnification to certain of our service provider partners for certain claims regarding our solutions.
−Removed: For example, we are incurring costs associated with the indemnification of our service provider ADT, LLC in two ongoing patent infringement suits:
−Removed: Applied Capital, Inc.
−Removed: The ADT Corporation et al.
−Removed: and Varatec, LLC v.
+Added: For example, we are incurring costs associated with the indemnification of our service provider ADT, LLC in ongoing patent infringement suits.
On July 13, 2016, Applied Capital, Inc., or Applied Capital, filed a lawsuit against ADT, LLC, the ADT Corporation, and Icontrol Networks, Inc.
15 unchanged sentences
Applied Capital and Mr.
−Removed: Fox reached settlement and stipulated to dismissal of the New Mexico State Court action on October 31, 2019.
−Removed: The court issued its claim construction order on August 12, 2019, fact discovery closed on November 12, 2019, expert discovery closed on March 9, 2020, and the parties filed opening summary judgment and Daubert motions on April 20, 2020.
+Added: reached settlement and stipulated to dismissal of the New Mexico State Court action on October 31, 2019.
Applied Capital filed its Second Amended Complaint on January 27, 2020 and ADT answered, adding a claim of inequitable conduct, on February 10, 2020.
+Added: The court issued its claim construction order on August 12, 2019, fact discovery closed on November 12, 2019, expert discovery closed on March 9, 2020, and summary judgment and Daubert motions briefing closed on June 3, 2020.
The pretrial conference is scheduled for September 30, 2020, and trial is set for October 19, 2020.
+Added: On July 2, 2020, Portus Singapore Pte.
+Added: and Portus Pty.
+Added: Ltd., or Portus, sued ADT, LLC d/b/a ADT Security Services in U.S.
+Added: District Court for the Western Di strict of Texas.
+Added: Portus alleges that ADT’s sales of ADT Pulse directly and indirectly infringe U.S.
+Added: 8,914,526 and 9,961,097, which were assigned to Portus.
+Added: Portus is seeking damages and attorneys’ fees.
+Added: ADT’s response to the complaint is due August 31, 2020.
On March 4, 2019, Varatec, LLC, or Varatec, sued ADT, LLC d/b/a ADT Security Services in U.S.
7 unchanged sentences
Varatec seeks a permanent injunction, enhanced damages, and attorneys’ fees.
−Removed: On May 23, 2019, ADT filed a motion seeking to dismiss the complaint for failure to state a claim, on the basis that the asserted patent fails to claim patent eligible
−Removed: subject matter.
+Added: On May 23, 2019, ADT filed a motion seeking to dismiss the complaint for failure to state a claim, on the basis that the asserted patent fails to claim patent eligible subject matter.
On July 3, 2019, third-party Unified Patents Inc.
10 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.