44 unchanged sentences
Among other things, we asserted defenses based on non-infringement and invalidity of the patents in question.
−Removed: The administrative law judge presiding over the hearing has scheduled an evidentiary hearing in the investigation to begin on June 29, 2022.
+Added: An evidentiary hearing in the investigation was held from June 28, 2022 through July 1, 2022.
+Added: An initial decision by the presiding administrative judge is expected by November 16, 2022.
The target date for completion of the investigation is March 16, 2023.
8 unchanged sentences
Vivint filed a second amended complaint on March 8, 2022.
−Removed: ADT answered the second amended complaint on March 22, 2022 and asserted defenses based on non-infringement and invalidity of all five asserted patents.
−Removed: The case is currently in discovery, and no trial date has been set.
+Added: ADT answered the second amended complaint on March 22, 2022, asserted defenses based on non-infringement and invalidity of all five asserted patents and counterclaimed for declaratory judgement of invalidity of all five asserted patents.
Two of the asserted patents are under inter partes review at the PTAB, and ADT has filed petitions for inter partes review for the three other asserted patents for which decisions on institution are pending.
−Removed: ADT moved to stay the case pending the outcome of the inter partes reviews on March 9, 2022.
−Removed: The motion remains pending.
+Added: On June 17, 2022, the court entered an order staying the case in view of the pending proceedings before the PTAB, with the exception of certain discovery of source code.
+Added: A joint status report is due to be filed by October 21, 2022.
Should Vivint prevail on the claims that one or more elements of ADT’s products infringe, we could be required to indemnify ADT for damages in the form of a reasonable royalty or ADT could be enjoined from making, using and selling our solution if a license or other right to continue selling our technology is not made available or we are unable to design around such patents, and required to pay ongoing royalties and comply with unfavorable terms if such a license is made available to us.
5 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.