ADT Wins Appeal Affirming PTAB Decision Invalidating Patent Claims

On October 15, 2024, the United States Court of Appeals for the Federal Circuit affirmed an inter partes review (“IPR”) decision by the Patent Trial and Appeal Board (“PTAB”) in favor of Cravath client ADT Inc., invalidating all claims of a patent at issue in litigation brought by Vivint, Inc.

ADT petitioned for IPR after Vivint sued ADT in 2021, alleging that ADT’s interactive security and home automation technology infringed certain of Vivint’s patents relating to remote monitoring and alerting systems. In a final decision issued in 2023, the PTAB concluded that all claims of Vivint’s U.S. Patent No. 7,956,739 (the “’739 Patent”) were invalid on the basis of 35 U.S.C. § 102 (anticipation) and 35 U.S.C. § 103 (obviousness). Vivint appealed that decision, arguing that the PTAB misconstrued certain claim limitations of the ’739 Patent pertaining to location determination. After hearing oral argument on October 9, 2024, the Federal Circuit summarily affirmed the PTAB’s decision in favor of ADT.

The Cravath team included partners Keith R. Hummel and Sharonmoyee Goswami, who argued before the PTAB and on appeal; now retired partner Richard J. Stark; of counsel Andrei Harasymiak; senior attorney Marc J. Khadpe; practice area attorney Donald Robert Bunton; and former practice area attorney Matthew J. Boggess.

The case is ADT LLC v. Vivint, Inc., Nos. IPR2021‑01374 (P.T.A.B.), 2023‑1787 (Fed. Cir.).