Spotlight On Upcoming Oral Arguments – December 2020

The following telephone arguments will be available to the public live.  Access information will be available by 9 AM ET each day of argument at: http://www.cafc.uscourts.gov/public-access-arguments.

Tuesday, December 8, 2020

Vivint Inc. v. Alarm.com, Inc., No. 19-2438

Alarm.com filed for inter partes review ("IPR") to challenge two of Vivint's patents.  The PTAB found that some of the challenged claims, but not all, were unpatentable.  Both parties appealed to the Federal Circuit.  The court affirmed-in-part and vacated-in-part the PTAB's decision and remanded the case for further proceedings pertaining to a particular claim construction.  On remand, the Board found the remaining claims at issue unpatentable.  Vivint appealed for a second time, but just six weeks after it filed its notice of appeal, the Federal Circuit issued its decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019).  In Arthrex, the court held that administrative