January 2, 2019
Authored and Edited by Razi Safi; Samhitha Muralidhar Medatia; Elizabeth D. Ferrill
In Vivint Inc. v. Alarm.com Inc., No. 17-2218 (December 20, 2018), the Federal Circuit in a non-precedential opinion affirmed the Board’s invalidation of some of Vivant’s patent claims, affirmed the validity of others, and reversed and remanded the Board’s claim construction of “communication device identification code.” The three Vivant patents at issue in the inter partes review proceedings related to systems for remotely monitoring HVAC equipment and contacting individuals upon detection of problems in the equipment.
The Federal Circuit found that the Board improperly construed “communication device identification codes” to mean something “capable of uniquely identifying communication devices,” excluding phone numbers or email addresses. The Court concluded that the Board’s interpretation could not be correct because the patents explain that a mobile identification number refers to a device in the same way that a phone number refers to a cellular phone (i.e., a communication device). Thus, the Federal Circuit concluded that under the broadest reasonable interpretation, “communication device identification codes” could not exclude phone numbers or email addresses.
Copyright © 2018 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Conference
2024 Licensing Executives Society USA – Canada Annual Meeting
October 20-23, 2024
New Orleans
Conference
4th Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA
October 8-24, 2024
Virtual
Conference
2024 Corporate Counsel Women of Color: Career Strategies Conference
October 2-5, 2024
Las Vegas
Hybrid Conference
2024 Patent Law Institute: Critical Issues & Best Practices
September 30 - October 1, 2024
New York
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.