11 unchanged sentences
both motions are pending decision.
−Removed: 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.
+Added: Alarm.com has also moved for summary judgment as to the six asserted claims from the fourth asserted patent.
+Added: Discovery has been stayed with respect to the fourth patent while the summary judgment motion remains pending.
No trial date has been set.
41 unchanged sentences
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.
−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
−Removed: asserted patents.
+Added: Also on April
+Added: 18, 2022, the district court stayed the case at the request of the parties pending the disposition of other proceedings involving the 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.
24 unchanged sentences
Vivint filed a second amended complaint on March 8, 2022.
−Removed: 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.
+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 judgment of invalidity of all five asserted patents.
The PTAB granted inter partes review of two of the asserted patents at ADT's request.
4 unchanged sentences
The outcome of these legal claims cannot be predicted with certainty.
−Removed: We are also incurring costs associated with the indemnification of our service provider Monitronics International, Inc.
−Removed: d/b/a Brinks in ongoing patent infringement suits.
+Added: We also incurred costs associated with the indemnification of our service provider Monitronics International, Inc.
+Added: d/b/a Brinks in patent infringement suits.
On November 4, 2022, January 13, 2023 and April 18, 2023, IOT Innovations LLC, or IOT, sued Monitronics in U.S.
District Court, Eastern District of Texas, alleging patent infringement of certain products and services sold by Monitronics.
−Removed: Together, IOT has asserted infringement of 26 patents and is seeking permanent injunctions, enhanced damages and attorneys' fees.
−Removed: 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.
−Removed: The court issued a scheduling order in the first-filed case on July 18, 2023 and trial is scheduled for October 7, 2024.
−Removed: Trial dates are not yet set in the second- and third-filed cases.
−Removed: 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.
−Removed: The outcome of these legal claims cannot be predicted with certainty.
+Added: Together, IOT asserted infringement of 26 patents and sought permanent injunctions, enhanced damages and attorneys' fees.
+Added: On October 3, 2023, IOT filed a stipulation of dismissal of all three cases, ending the cases and the Company's involvement therein.
We may also be a party to litigation and subject to claims incident to the ordinary course of business.
−Removed: Although the results of litigation and claims cannot be predicted with certainty, we currently believe that the final outcome of these ordinary course
−Removed: matters will not have a material adverse effect on our business.
+Added: Although the results of litigation and claims cannot be predicted with certainty, we currently believe that the final outcome of these ordinary course matters will not have a material adverse effect on our business.
Regardless of the outcome, litigation can have an adverse impact on us because of defense and settlement costs, diversion of management resources and other factors.
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.