Federal Circuit Shuts the Door on Alarm.com’s Attempt to Overcome § 325(d) Denial Through “Repackaged” Ex Parte Reexamination Request
October 12, 2021
Authored and Edited by Caitlin E. Fowler; Elizabeth D. Ferrill
In In re Vivint, Inc., No. 20-1992 (Fed. Cir. Sept. 29, 2021), the Federal Circuit vacated a PTAB decision upholding an examiner’s rejection of all claims in Vivint’s patent following ex parte reexamination. While the ex parte reexamination request presented a substantial new question of patentability, the Court held that the USPTO abused its discretion when it granted a reexamination request that was nearly identical to an IPR petition that it had previously denied due to Alarm.com’s abusive filing practices. For a more detailed analysis of this case, please see Finnegan’s At the PTAB blog.
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