11 unchanged sentences
both motions are pending decision.
−Removed: Claim construction and expert discovery as to nine other patent claims from two patents that were previously stayed has not yet been completed.
+Added: Discovery as to the six asserted claims from the fourth asserted patent has been stayed to permit Alarm.com to move for summary judgment as to these six claims as well.
No trial date has been set.
Should Vivint prevail in proving Alarm.com infringes one or more of its patent claims, we could be required to pay damages of Vivint’s lost profits and/or a reasonable royalty for sales of our solution.
−Removed: Additionally, as to unexpired patents asserted by Vivint in the Eastern District of Texas case, we 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.
+Added: Since all remaining patent claims in the litigation have expired, Vivint shall not be entitled to injunctive relief as a remedy in this matter.
While we believe we have valid defenses to Vivint’s claims, any of these outcomes could result in a material adverse effect on our business.
21 unchanged sentences
Among other things, we asserted defenses based on non-infringement and invalidity of Vivint’s patents.
+Added: Trial is scheduled to begin on September 9, 2024.
Should Vivint prevail in proving Alarm.com infringes one or more of its patent claims, we could be required to pay damages of Vivint’s lost profits and/or a reasonable royalty for sales of our solution.
13 unchanged sentences
EcoFactor appealed the decision but withdrew its appeal in December 2021.
−Removed: Four of the asserted patents are in ex parte reexamination proceedings at
−Removed: the PTO, and all claims of the fifth were found unpatentable by the PTAB in inter partes review on April 18, 2022.
−Removed: Also on April 18, 2022, the district court stayed the case at the request of the parties pending the disposition of other proceedings involving the asserted patents.
+Added: Four of the asserted patents are in ex parte reexamination proceedings at the PTO, and all claims of the fifth were found unpatentable by the PTAB in inter partes review on April 18, 2022.
+Added: Also on April 18, 2022, the district court stayed the case at the request of the parties pending the disposition of other proceedings involving the
+Added: asserted patents.
Should EcoFactor prevail in its lawsuit we could be required to pay damages and/or a reasonable royalty for sales of our solution, we could be enjoined from making, using and selling our solution if a license or other right to continue selling such elements is not made available to us, and we could be required to pay ongoing royalties and comply with unfavorable terms if such a license is made available to us.
28 unchanged sentences
In decisions issued in February and March 2023, the PTAB found all challenged claims of the two patents under review unpatentable.
−Removed: Vivint filed an appeal of the first PTAB decision on April 13, 2023.
−Removed: Vivint has until May 30, 2023 to appeal the second PTAB decision.
+Added: Vivint filed appeals of the PTAB decisions on April 13, 2023 and May 30, 2023.
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.
6 unchanged sentences
Monitronics filed a Motion to Dismiss the first-filed case for lack of venue on January 24, 2023 and the second-filed case on March 24, 2023.
+Added: The court issued a scheduling order in the first-filed case on July 18, 2023 and trial is scheduled for October 7, 2024.
+Added: Trial dates are not yet set in the second- and third-filed cases.
Should IOT prevail on the claims that one or more elements of Monitronics’ products or services infringe, we could be required to indemnify Monitronics for damages in the form of a reasonable royalty or Monitronics 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.