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Appeals Court Revives Alarm.com Challenge to Patent Reexam Losses

Feb. 24, 2022, 6:17 PM

Alarm.com Inc. can challenge in court the patent office’s decision that it is barred from asking for reexamination of Vivint Inc. patents on remote monitoring systems, the Federal Circuit said, reversing a district court ruling.

Alarm.com sued the Patent and Trademark Office after the agency refused to move forward on its requests for ex parte reexamination of claims in three Vivint patents. The agency said Alarm.com was estopped because it had already challenged the same patent claims in inter partes review.

Alarm.com’s suit argued the office’s decisions to vacate the reexaminations based on estoppel violated the Administrative Procedure Act.

Dismissing ...