Vivint v. Alarm.com
| Vivint |
| Alarm.com |
| ADT LLC |
| 2:2015cv00392 |
| June 2, 2015 |
| US District Court for the District of Utah |
| Central Office |
| Utah |
| Cecilia M Romero |
| Clark Waddoups |
| Patent |
| 35 U.S.C. § 0145 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.
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Filing 577
REPLY to Response to Motion re #570 Second MOTION for Summary Judgment and Memorandum in Support filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 576
NOTICE OF WITHDRAWAL OF COUNSEL of Ryan A. Cook filed by Sterling Arthur Brennan on behalf of Vivint (Brennan, Sterling)
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Filing 575
APPENDIX to #574 Memorandum in Opposition to Motion filed by Plaintiff Vivint . (Attachments: #1 Exhibit McAlexander Report, #2 Exhibit Alarm.com Second Amended Complaint re IPDatatel, #3 Exhibit Alarm.com Opposition re IPDatatel)(Wright, David)
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Filing 574
MEMORANDUM in Opposition re #570 Second MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Vivint. (Wright, David)
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Filing 573
NOTICE OF WITHDRAWAL OF COUNSEL of Allison N. Kempf filed by Mark M. Bettilyon on behalf of Alarm.com (Bettilyon, Mark)
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Filing 572
ORDER granting #571 Motion for Extension of Time to File Response/Reply #571 Stipulated MOTION for Extension of Time to File Response/Reply as to #570 Second MOTION for Summary Judgment and Memorandum in Support . Responses due by 9/20/2023 Signed by Magistrate Judge Cecilia M. Romero on 8/24/23. (jrj)
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Filing 571
Stipulated MOTION for Extension of Time to File Response/Reply as to #570 Second MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Brennan, Sterling)
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Filing 570
Second MOTION for Summary Judgment and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Affidavit of Sharonmoyee Goswami, #2 Exhibit A)(Bettilyon, Mark)
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Filing 569
SCHEDULING ORDER RE STAYED CLAIMS: All outstanding claim construction issues have now been resolved. Expert discovery is STAYED to allow the Parties to brief the issue of whether Claims are patent ineligible. See Order for details. Signed by Judge Clark Waddoups on 7/10/23. (jrj)
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Filing 568
STATUS REPORT Joint by Alarm.com. (Attachments: #1 Text of Proposed Order Re: Scheduling Order Re: Stayed Claims)(Bettilyon, Mark)
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Filing 567
NOTICE VACATING Markman Hearing set for 7/11/2023 at 10:00 AM before Judge Clark Waddoups. Hearing is vacated at request of the parties. (jeg)
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Filing 566
3rd AMENDED NOTICE OF HEARING: Markman Hearing set for Tuesday, 7/11/2023 at 10:00 AM in Rm 8.200 before Judge Clark Waddoups (amended to add courtroom number). (asb)
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Filing 565
STATUS REPORT re Supplemental Claim Construction (Joint) by Vivint. (Attachments: #1 Exhibit A-Claim Chart)(Brennan, Sterling)
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Filing 564
SECOND AMENDED NOTICE OF HEARING: Markman Hearing reset for 7/11/2023 at 10:00 AM before Judge Clark Waddoups.The location for the hearing is to be determined. The court will notify the parties of the location once it is confirmed. (Hearing reset at request of counsel). (jeg)
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Filing 563
AMENDED NOTICE OF HEARING: Markman Hearing reset for 7/6/2023 at 01:30 PM in Rm 7.200 before Judge Clark Waddoups. Hearing reset because of other conflicts in the court's calendar. (jeg)
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Filing 562
DOCKET TEXT ORDER: The parties are directed to file a joint report that sets forth each claim term and phrase that is in dispute and that will be the subject of the 561 Markman Hearing, and each party's proposed construction, in the form contemplated by Local Patent Rule 4.2(f), on or before May 29, 2023. No attached document. (jeg)
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Filing 561
NOTICE OF HEARING: Markman Hearing set for 6/29/2023 at 10:00 AM in Rm 7.200 before Judge Clark Waddoups. (jeg)
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Filing 560
NOTICE OF FILING of Demonstratives Slides filed by Defendant Alarm.com. (Attachments: #1 Exhibit A)(Bettilyon, Mark)
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Filing 559
SCHEDULING ORDER granting #556 Motion for Scheduling Order. See Order for details. Signed by Magistrate Judge Cecilia M. Romero on 5/4/23. (jrj)
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Filing 558
NOTICE of Filing of Vivint, Inc.'s May 3, 2023 Hearing Presentation Materials by Vivint re #455 MOTION for Summary Judgment and Memorandum in Support , 557 Motion Hearing,, (Brennan, Sterling)
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Filing 557
Minute Entry for proceedings held before Judge Clark Waddoups: Counsel present for parties. Argument heard on the #455 pending motion for summary judgment. Court took the matter as submitted and will issue a written ruling. Court adjourned.Motion Hearing held on 5/3/2023 re #455 MOTION for Summary Judgment and Memorandum in Support filed by Alarm.com. Attorney for Plaintiff: Robert Berezzin, Sterling Brennan, Michael Manookin, Charles Veverka, David Wright, Attorney for Defendant: Mark Bettilyon, Keith Hummel, Allison Kempf, Marc Khadpe. Court Reporter: Ed Young.(Time Start: 9:00, Time End: 12:00, Room 7.200.)(asb)
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Filing 556
Stipulated MOTION for Scheduling Order re Stayed Claims filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Brennan, Sterling)
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Filing 554
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Vivint's Motion to Sever held on April 6, 2023 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number 801-201-9731. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/18/2023. Redacted Transcript Deadline set for 6/8/2023. Release of Transcript Restriction set for 7/26/2023. (jrj)
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Filing 553
MEMORANDUM DECISION AND ORDER DENYING MOTION TO SEVER CLAIMS-denying #537 Motion to Sever; re #537 MOTION to Sever and Memorandum in Support (Recently Revived Patent Claims) ; Motions terminated: #537 MOTION to Sever and Memorandum in Support (Recently Revived Patent Claims) filed by Vivint. The parties are directed to meet and confer regarding a scheduling order governing the timing of expert discovery andclaim construction of the Stayed Claims in accordance with the Local Patent Rules. A proposed amended scheduling order should be filed with the court on or before April 28, 2023. See Order for details. Signed by Judge Clark Waddoups on 4/14/23. (jrj)
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Filing 552
NOTICE OF WITHDRAWAL OF COUNSEL of Retley G. Locke, Jr. filed by Retley G. Locke, Jr on behalf of Alarm.com (Locke, Retley)
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Filing 551
Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 4/6/2023 re #537 MOTION to Sever and Memorandum in Support (Recently Revived Patent Claims) filed by Vivint. Counsel present by Zoom video conference. Argument heard on the pending motion to sever. Court took the motion as submitted and will issue a written order. Court adjourned. Attorney for Plaintiff: Robert Berezzin, Sterling Brennan, Michael Manookin, Charles Veverka, Attorney for Defendant: Mark Bettilyon, Sharonmovee Goswami, Keith Hummel. Court Reporter: Laura Robinson.(Time Start: 2:00, Time End: 3:20, Room Video Conference.)(asb)
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Filing 550
NOTICE OF FILING of of Vivint, Inc.'s April 6, 2023 Hearing Presentation Materials filed by Plaintiff Vivint. (Brennan, Sterling)
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Filing 549
NOTICE OF FILING of Demonstrative Slides filed by Defendant Alarm.com. (Attachments: #1 Exhibit A)(Bettilyon, Mark)
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Filing 548
NOTICE OF WITHDRAWAL OF COUNSEL of Jackie L. Carleton filed by Marc J. Khadpe on behalf of Alarm.com (Khadpe, Marc)
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Filing 547
THIRD AMENDED NOTICE OF HEARING ON MOTION: After consideration of the parties briefing, the court has determined that it should address the issue of patent eligibility under 35 U.S.C. 101 before hearing argument on the other issues raised by the parties' pending motions. Accordingly, the court's prior notice of hearing 545 is amended as follows: The court will hear oral argument re: #455 MOTION for Summary Judgment and Memorandum in Support to the extent the motion raises issues regarding patent eligibility at a 1-DAY Motion Hearing set for 5/3/2023. The hearing will begin at 9:00 AM in Rm 7.200 before Judge Clark Waddoups. Oral argument regarding other issues raised in the parties' pending motions will be rescheduled to a later date after a determination is made on the patent eligibility issue. (jeg)
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Filing 546
NOTICE OF HEARING ON MOTION re: #537 MOTION to Sever and Memorandum in Support (Recently Revived Patent Claims) : Motion Hearing set for 4/6/2023 at 02:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Clark Waddoups. (jeg)
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Deadlines/Hearings terminated. Past-due deadlines terminated, to update the hearing/deadlines report. (asb)
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Filing 545
SECOND AMENDED NOTICE OF HEARING ON MOTION re: #333 MOTION for Reconsideration of the Court's March 9, 2020 Order Denying Partial Summary Judgment re #328 Order on Motion for Miscellaneous Relief, Order on Motion for Partial Summary Judgment, Memorandum Decision, and Memorandum in Support; #356 Redacted MOTION to Strike and Memorandum in Support ; #390 MOTION to Strike and Memorandum in Support (Strike Untimely Produced Prior Art and Supporting Testimony); #396 MOTION for Summary Judgment and Memorandum in Support (of IPR Estoppel); #441 MOTION to Strike and Memorandum in Support Portions of the Expert Report of Joseph McAlexander III; #452 MOTION for Summary Judgment and Memorandum in Support (re: Alleged Prior Art Systems); #455 MOTION for Summary Judgment and Memorandum in Support ; #479 Redacted MOTION to Strike and Memorandum in Support re Untimely Expert Disclosure of David Hutz as a Non-Retained Expert; and #537 MOTION to Sever and Memorandum in Support (Recently Revived Patent Claims).3-Day Motion Hearing reset for 5/3/2023 through 5/5/2023. The hearing will begin each day at 09:00 AM in Rm 7.200 before Judge Clark Waddoups. Motion rescheduled at request of counsel. (jeg)
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Filing 544
AMENDED NOTICE OF HEARING ON MOTIONS re: #333 MOTION for Reconsideration of the Court's March 9, 2020 Order Denying Partial Summary Judgment re #328 Order on Motion for Miscellaneous Relief, Order on Motion for Partial Summary Judgment, Memorandum Decision, and Memorandum in Support; #356 Redacted MOTION to Strike and Memorandum in Support; #390 MOTION to Strike and Memorandum in Support (Strike Untimely Produced Prior Art and Supporting Testimony); #396 MOTION for Summary Judgment and Memorandum in Support (of IPR Estoppel); #441 MOTION to Strike and Memorandum in Support Portions of the Expert Report of Joseph McAlexander III; #452 MOTION for Summary Judgment and Memorandum in Support (re: Alleged Prior Art Systems); #455 MOTION for Summary Judgment and Memorandum in Support ; #479 Redacted MOTION to Strike and Memorandum in Support re Untimely Expert Disclosure of David Hutz as a Non-Retained Expert; and #537 MOTION to Sever and Memorandum in Support (Recently Revived Patent Claims).A conflict with a criminal trial requires rescheduling of the hearing. 3- Day Motion Hearing reset for 3/29/2023 through 3/31/2023. The hearing will begin each day at 09:00 AM in Rm 7.200 before Judge Clark Waddoups. (jeg)
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Filing 543
REPLY to Response to Motion re #537 MOTION to Sever and Memorandum in Support (Recently Revived Patent Claims) filed by Plaintiff Vivint. (Attachments: #1 Exhibit 18-Patent)(Veverka, Charles)
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Filing 542
MEMORANDUM in Opposition re #537 MOTION to Sever and Memorandum in Support (Recently Revived Patent Claims) filed by Defendant Alarm.com. (Attachments: #1 Affidavit of Allison N. Kempf in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Bettilyon, Mark)
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Filing 540
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Zoom Scheduling Conference held on August 11, 2022 before Judge Clark Waddoups. Court Reporter/Transcriber Laura Robinson, RPR, FCRR, CSR, CP, Telephone number (801)328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/15/2022. Redacted Transcript Deadline set for 12/6/2022. Release of Transcript Restriction set for 1/23/2023. (jrj)
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Filing 539
NOTICE OF FILING of Amended Proposed Order re #537 MOTION to Sever and Memorandum in Support (Recently Revived Patent Claims) filed by Plaintiff Vivint. (Veverka, Charles)
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Filing 538
Motions No Longer Referred: #537 MOTION to Sever and Memorandum in Support (Recently Revived Patent Claims). Motion will be decided by district judge. (jeg)
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Filing 537
MOTION to Sever and Memorandum in Support (Recently Revived Patent Claims) filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1-IPR2016-01091 DDI - ready for mailing, #2 Exhibit 2-2017-08-02 - Request for Reexamination, #3 Exhibit 3-2017-08-29 - Reexamination Request, #4 Exhibit 4-2017-09-06 - Order Granting Reexamination, #5 Exhibit 5-2017-09-21 - Order Granting Reexamination, #6 Exhibit 6-2018-10-30 - Final Office Action, #7 Exhibit 7- 2018-11-05 - Final Office Action, #8 Exhibit 8-2019-05-29 - Appeal Brief, #9 Exhibit 9-2019-06-04 - Appeal Brief, #10 Exhibit 10-2020-02-28 - Board Appeal Decision, #11 Exhibit 11-2020-05-04 - Board Appeal Decision, #12 Exhibit 12-2020 12 04 #14 Vivint's Corrected Opening Brief, #13 Exhibit 13-2021-09-29 - CAFC Decision, #14 Exhibit 14-2022-02-08 - CAFC Decision, #15 Exhibit 15-2022-03-14 - Reexamination Terminated, #16 Exhibit 16-2022-03-14 - Reexamination Terminated, #17 Exhibit 17-IPR2016-001080 DI, #18 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Veverka, Charles)
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Filing 536
ORDER granting #534 Motion for Admission Pro Hac Vice of Attorney Nathaniel Ngerebara for Vivint.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 9/21/22. (jrj)
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Filing 535
ORDER granting #533 Motion for Admission Pro Hac Vice of Attorney Matthew Sieger for Vivint.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 9/21/22. (jrj)
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Filing 534
MOTION for Admission Pro Hac Vice of Nathaniel Ngerebara , Registration fee $ 250, receipt number BUTDC-4450929,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Vivint. (Attachments: #1 Exhibit A-Application, #2 Exhibit B-Proposed Order)(Harris, Kirk)
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Filing 533
MOTION for Admission Pro Hac Vice of Matthew Sieger , Registration fee $ 250, receipt number BUTDC-4450911,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Vivint. (Attachments: #1 Exhibit A-Application, #2 Exhibit B-Proposed Order)(Harris, Kirk)
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Filing 532
Minute Entry for proceedings held before Judge Clark Waddoups: Status Conference held on 8/11/2022, Counsel, court, and court reporter present by Zoom video conference. Counsel request 3 days to argue the pending motions. Mr. Brennan anticipates filing a motion to severe claims, to be filed within a couple of weeks of todays hearing. Mr. Hummel stated that they will oppose the motion. 3-Day motions hearing set for 2/15/2023 thru 2/17/2023 at 9:00 a.m.Court adjourned. Attorney for Plaintiff: Sterling Brennan, Stephanie Adamakos, Robert Berezin, Michael Manookin, Charles Veverka, David Wright, Attorney for Defendant: Mark Bettilyon, Sharonmovee Goswami, Keith Hummel, Marc Khadpe. Court Reporter: Laura Robinson.(Time Start: 11:00, Time End: 11:05, Room Video Conference.)(asb)
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Filing 531
STATUS REPORT Joint by Alarm.com. (Bettilyon, Mark)
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Filing 530
NOTICE of Change of Address by Michael A. Manookin (Manookin, Michael)
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Filing 529
NOTICE OF HEARING: Status Conference set for Thursday, 8/11/2022 at 11:00 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Clark Waddoups. Video conference link emailed to counsel and court reporter by Outlook calendar invitation. All others instructed to email utdecf_waddoups@utd.uscourts.gov to obtain video link. (asb)
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Filing 528
NOTICE OF WITHDRAWAL OF COUNSEL of Justin Constant filed by Sterling Arthur Brennan on behalf of Vivint (Brennan, Sterling)
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Filing 527
REQUEST to Submit for Decision As To Pending Dispositive And Related Motions filed by Plaintiff Vivint. (Manookin, Michael)
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Filing 526
RESPONSE re #525 Status Report, filed by Alarm.com. (Bettilyon, Mark)
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Filing 525
STATUS REPORT RE STAY by Vivint. (Attachments: #1 Exhibit, #2 Exhibit)(Manookin, Michael)
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Filing 524
RESPONSE re #514 Notice of Supplemental Authority, filed by Alarm.com. (Bettilyon, Mark)
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Filing 523
ORDER granting #520 Motion for Admission Pro Hac Vice of Attorney Adrian Percer for Vivint.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 2/23/22. (jrj)
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Filing 522
ORDER granting #521 Motion for Admission Pro Hac Vice of Attorney Sutton Ansley for Vivint.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 2/23/22. (jrj)
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Filing 521
MOTION for Admission Pro Hac Vice of Sutton Ansley , Registration fee $ 250, receipt number AUTDC-4257016,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Vivint. (Attachments: #1 Application, #2 Text of Proposed Order)(Veverka, Charles)
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Filing 520
MOTION for Admission Pro Hac Vice of Adrian Percer , Registration fee $ 250, receipt number AUTDC-4257001,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Vivint. (Attachments: #1 Application, #2 Text of Proposed Order)(Veverka, Charles)
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Filing 519
REPLY to Response to Motion re #515 MOTION for Leave to File Surreply in Further Opposition to Alarm.com's Motion for Summary Judgment and Memorandum in Support filed by Plaintiff Vivint. (Brennan, Sterling)
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Filing 518
MEMORANDUM in Opposition re #515 MOTION for Leave to File Surreply in Further Opposition to Alarm.com's Motion for Summary Judgment and Memorandum in Support filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 517
RESPONSE re #511 Objections, filed by Alarm.com. (Bettilyon, Mark)
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Filing 516
Motions No Longer Referred: #515 MOTION for Leave to File Surreply in Further Opposition to Alarm.com's Motion for Summary Judgment and Memorandum in Support. Motion will be decided by district judge. (jeg)
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Filing 515
MOTION for Leave to File Surreply in Further Opposition to Alarm.com's Motion for Summary Judgment and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Exhibit A-Surreply, #2 Exhibit B-Declaration of Joseph McAlexander) Motions referred to Cecilia M. Romero.(Brennan, Sterling)
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Filing 514
NOTICE of SUPPLEMENTAL AUTHORITY by Vivint re #502 Reply Memorandum/Reply to Response to Motion, (Brennan, Sterling)
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Filing 513
REPLY to Response to Motion re #479 Redacted MOTION to Strike and Memorandum in Support re Untimely Expert Disclosure of David Hutz as a Non-Retained Expert filed by Plaintiff Vivint. (Brennan, Sterling)
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Filing 512
RESPONSE re #499 Reply Memorandum/Reply to Response to Motion,[499-1] Evidentiary Objections filed by Alarm.com. (Attachments: #1 Affidavit of Matthew J. Boggess, #2 Exhibit A, #3 Exhibit B - Part 1, #4 Exhibit B - Part 2)(Bettilyon, Mark)
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Filing 511
OBJECTIONS to #502 Reply Memorandum/Reply to Response to Motion, filed by Vivint. (Brennan, Sterling)
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Filing 510
NOTICE OF WITHDRAWAL OF COUNSEL of Melissa Hotze filed by Sterling Arthur Brennan on behalf of Vivint (Brennan, Sterling)
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Filing 509
ORDER granting #503 Motion for Leave to File Sealed Document; granting #506 Motion for Leave to File Sealed Document. The court hereby GRANTS the Motions to Seal. ECF Nos. 504 and 507 shall remain permanently sealed. Signed by Magistrate Judge Cecilia M. Romero on 1/31/22. (jrj)
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Filing 508
DOCKET TEXT ORDER terminating #486 Motion for Leave to File Sealed Document. In light of #497 Plaintiff's Withdrawal and upon review of #500 , and #501 , the court hereby terminates #486 Plaintiff's Motion for Leave to File Sealed Document. Signed by Magistrate Judge Cecilia M. Romero on 01/31/2022. No attached document. (cvm)
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Filing 507
**SEALED DOCUMENT** re #505 Memorandum in Opposition to Motion,, filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10)(Bettilyon, Mark)
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Filing 506
MOTION for Leave to File Sealed Document re #505 Memorandum in Opposition to Motion,, filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 505
MEMORANDUM in Opposition re #479 Redacted MOTION to Strike and Memorandum in Support re Untimely Expert Disclosure of David Hutz as a Non-Retained Expert filed by Defendant Alarm.com. (Attachments: #1 Affidavit Declaration of Marc Khadpe, #2 Exhibit 1 - Filed Under Seal, #3 Exhibit 2 - Filed Under Seal, #4 Exhibit 3 - Filed Under Seal, #5 Exhibit 4 - Filed Under Seal, #6 Exhibit 5 - Filed Under Seal, #7 Exhibit 6 - Filed Under Seal, #8 Exhibit 7 - Filed Under Seal, #9 Exhibit 8 - Filed Under Seal, #10 Exhibit 9 - Filed Under Seal, #11 Exhibit 10 - Filed Under Seal, #12 Exhibit 11 - Not SealedFiled Under Seal)(Bettilyon, Mark) Modified on 2/1/2022-Confirmed that Exhibit 11 is not Sealed per email. (jrj).
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Filing 504
**SEALED DOCUMENT** re #503 MOTION for Leave to File Sealed Document re #502 Reply Memorandum/Reply to Response to Motion, filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 28)(Bettilyon, Mark)
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Filing 503
MOTION for Leave to File Sealed Document re #502 Reply Memorandum/Reply to Response to Motion, filed by Defendant Alarm.com. (Attachments: #1 Exhibit 27 - Filed Under Seal, #2 Exhibit 28 - Filed Under Seal, #3 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 502
REPLY to Response to Motion re #455 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Affidavit Declaration of Marc Khadpe, #2 Appendix of Evidence, #3 Exhibit 22, #4 Exhibit 23, #5 Exhibit 24, #6 Exhibit 25, #7 Exhibit 26, #8 Exhibit 27 - Filed Under Seal, #9 Exhibit 28 Filed Under Seal)(Bettilyon, Mark)
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Filing 501
NOTICE of WITHDRAWAL OF SEALED EXHIBITS [ECF Nos. 488-491] by Vivint re #488 Sealed Document, #490 Sealed Document, #489 Sealed Document, #491 Sealed Document (Manookin, Michael)
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Filing 500
NOTICE of REDACTED DOCUMENTS RELATED TO SEALED EXHIBITS [ECF Nos. 488-491] by Vivint re #488 Sealed Document, #490 Sealed Document, #489 Sealed Document, #491 Sealed Document (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Manookin, Michael)
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Filing 499
REPLY to Response to Motion re #452 MOTION for Summary Judgment and Memorandum in Support (re: Alleged Prior Art Systems) filed by Plaintiff Vivint. (Attachments: #1 Exhibit A - Evidentiary Objections)(Veverka, Charles)
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Filing 498
ORDER taking under advisement #486 Motion for Leave to File Sealed Document. The court therefore ORDERS Plaintiff to file redacted versions of ECF Nos. 488, 489, 490, and 491 on the docket within five days from the date of this Order. Failure to do so will result in the court denying the Motion and unsealed ECF Nos. 488, 489, 490, and 491. Signed by Magistrate Judge Cecilia M. Romero on 1/25/22. (jrj)
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Filing 497
NOTICE of Withdrawal of Motion to Strike Improper Deposition Errata for Two of Alarm.com's Experts by Vivint re #487 MOTION to Strike and Memorandum in Support (Manookin, Michael)
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Filing 496
NOTICE: The court received a bounce-back notification that a secondary email address of kkariyawasam@cravath.com, for attorney Matthew J. Boggess as invalid. As a result, the court has removed the invalid secondary email address from CM/ECF. Going forward, the court will not send email notifications to kkariyawasam@cravath.com. To learn how to update your secondary email address, please visit https://www.utd.uscourts.gov/update-your-address-court. (nl)
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Filing 495
Motions No Longer Referred: #479 Redacted MOTION to Strike and Memorandum in Support re Untimely Expert Disclosure of David Hutz as a Non-Retained Expert, #487 MOTION to Strike and Memorandum in Support. Motions will be decided by District Judge. (jeg)
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Filing 494
ERRORNOTICE OF DEFICIENCY re #493 MOTION to Amend/Correct #486 MOTION for Leave to File Sealed Document and Memorandum in Support . The document the wrong document was attached. The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (jrj) Modified on 1/19/2022-Atty's Office had already refiled. (jrj).
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Filing 493
MOTION to StrikeAmend/Correct #487 #486 MOTION for Leave to File Sealed Document and Memorandum in Support filed by Plaintiff Vivint. Motions referred to Cecilia M. Romero.(Wright, David) Modified on 1/19/2022-This was re-filed as a correction to #487 Please see #487 for declaration and following documents for Sealed exhibits (jrj).
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Filing 492
NOTICE OF CONVENTIONAL FILING of Exhibit 11 to Vivint, Inc.s Opposition to Alarm.com Inc.s Motion for Summary Judgment filed by Plaintiff Vivint re #475 Memorandum in Opposition to Motion,,,, (Brennan, Sterling) Modified on 1/20/2022-located in a folder in the Sealed Room. (jrj).
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Filing 491
Withdrawn per Notice #501 .**SEALED DOCUMENT** re #487 MOTION to Strike and Memorandum in Support filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Manookin, Michael) Modified on 2/2/2022-added withdrawn (jrj).
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Filing 490
Withdrawn per Notice #501 .**SEALED DOCUMENT** re #487 MOTION to Strike and Memorandum in Support filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Manookin, Michael) Modified on 2/2/2022-added withdrawn (jrj).
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Filing 489
Withdrawn per Notice #501 .**SEALED DOCUMENT** re #487 MOTION to Strike and Memorandum in Support filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Manookin, Michael) Modified on 2/2/2022-added withdrawn (jrj).
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Filing 488
Withdrawn per Notice #501 .**SEALED DOCUMENT** re #487 MOTION to Strike and Memorandum in Support filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Manookin, Michael) Modified on 2/2/2022-added withdrawn (jrj).
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Filing 487
MOTION to Strike and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Affidavit, #2 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Manookin, Michael)
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Filing 486
MOTION for Leave to File Sealed Document filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Manookin, Michael)
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Filing 485
ORDER granting #473 Motion for Leave to File Sealed Document; granting #476 Motion for Leave to File Sealed Document; granting #481 Motion to Seal Document #473 MOTION for Leave to File Sealed Document re #472 Memorandum in Opposition to Motion,, , #476 MOTION for Leave to File Sealed Document re #475 Memorandum in Opposition to Motion, , #481 MOTION to Seal Document #479 Redacted MOTION to Strike and Memorandum in Support re Untimely Expert Disclosure of David Hutz as a Non-Retained Expert, #480 Affidavit/Declaration in Support of Motion. See Order for details. Signed by Magistrate Judge Cecilia M. Romero on 1/18/21. (jrj)
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Filing 484
ORDER granting #471 Motion for Leave to File Excess Pages. See Order for details. Signed by Magistrate Judge Cecilia M. Romero on 1/18/22. (jrj)
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Filing 483
**SEALED DOCUMENT** re #480 Affidavit/Declaration in Support of Motion, filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A-Filed Under Seal, #2 Exhibit B-Filed Under Seal, #3 Exhibit C-A-Filed Under Seal)(Veverka, Charles)
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Filing 482
**SEALED DOCUMENT** re #479 Redacted MOTION to Strike and Memorandum in Support re Untimely Expert Disclosure of David Hutz as a Non-Retained Expert filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Veverka, Charles)
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Filing 481
MOTION to Seal Document #479 Redacted MOTION to Strike and Memorandum in Support re Untimely Expert Disclosure of David Hutz as a Non-Retained Expert, #480 Affidavit/Declaration in Support of Motion, filed by Plaintiff Vivint. Motions referred to Cecilia M. Romero.(Veverka, Charles)
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Filing 480
Redacted AFFIDAVIT/DECLARATION of Charles J. Veverka in Support re #479 Redacted MOTION to Strike and Memorandum in Support re Untimely Expert Disclosure of David Hutz as a Non-Retained Expert filed by Plaintiff Vivint. (Attachments: #1 Exhibit A-Filed Under Seal, #2 Exhibit B-Filed Under Seal, #3 Exhibit C-A-Filed Under Seal, #4 Exhibit D-Initial Disclosures)(Veverka, Charles)
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Filing 479
Redacted MOTION to Strike and Memorandum in Support re Untimely Expert Disclosure of David Hutz as a Non-Retained Expert filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Veverka, Charles)
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Filing 478
OBJECTIONS to #477 Sealed Document,, filed by Vivint. (Veverka, Charles)
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Filing 477
**SEALED DOCUMENT** re #475 Memorandum in Opposition to Motion,,,, filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 1_part 1, #2 Exhibit 1_part 2, #3 Exhibit 2_part 1, #4 Exhibit 2_part 2, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 17, #12 Exhibit 18, #13 Exhibit 19, #14 Exhibit 20, #15 Exhibit 21, #16 Exhibit 22, #17 Exhibit 23, #18 Exhibit 24, #19 Exhibit 25, #20 Exhibit 26)(Brennan, Sterling)
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Filing 476
MOTION for Leave to File Sealed Document re #475 Memorandum in Opposition to Motion,,,, filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order ) Motions referred to Cecilia M. Romero.(Brennan, Sterling)
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Filing 475
Redacted MEMORANDUM in Opposition re #455 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Appendix, #2 Exhibit 1-Appx B-Under Seal, #3 Exhibit 2-Appx C-Under Seal, #4 Exhibit 3-Kramer Ex. 10, #5 Exhibit 4-Kramer Ex. 59, #6 Exhibit 5-Kramer Ex. 60, #7 Exhibit 6-Kramer Ex. 67-Under Seal, #8 Exhibit 7-ALRM Doc-Under Seal, #9 Exhibit 8-ALRM Doc-Under Seal, #10 Exhibit 9-ALRM Doc_Part 1, #11 Exhibit 9-ALRM Doc_Part 2, #12 Exhibit 10-ALRM Doc-Under Seal, #13 Exhibit 11-SC Doc-Filed in Paper, #14 Exhibit 12-ALRM Doc-Under Seal, #15 Exhibit 13-GUAR Doc, #16 Exhibit 14-Ip datatel Second Complaint, #17 Exhibit 15-ALRM Opp IP Datatel, #18 Exhibit 16-Interview Summary, #19 Exhibit 17-ALRM Resp to Ints-Under Seal, #20 Exhibit 18-ALRM Invalidity-Under Seal, #21 Exhibit 19-Hagins Depo-Under Seal, #22 Exhibit 20-Hagins Report-Under Seal, #23 Exhibit 21-Hutz Depo-Under Seal, #24 Exhibit 22-Hutz Depo-Under Seal, #25 Exhibit 23-Martin Depo-Under Seal, #26 Exhibit 24-Martin Depo-Under Seal, #27 Exhibit 25-ALRM Doc-Under Seal, #28 Exhibit 26-ALRM Doc-Under Seal)(Brennan, Sterling)
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Filing 474
**SEALED DOCUMENT** re #473 MOTION for Leave to File Sealed Document re #472 Memorandum in Opposition to Motion,, filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Bettilyon, Mark)
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Filing 473
MOTION for Leave to File Sealed Document re #472 Memorandum in Opposition to Motion,, filed by Defendant Alarm.com. (Attachments: #1 Exhibit 7 - Filed Under Seal, #2 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 472
MEMORANDUM in Opposition re #452 MOTION for Summary Judgment and Memorandum in Support (re: Alleged Prior Art Systems) filed by Defendant Alarm.com. (Attachments: #1 Affidavit Declaration of Matthew Boggess, #2 Appendix of Evidence, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7 - Filed Under Seal, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11 - Part One, #14 Exhibit 11 - Part Two, #15 Exhibit 11 - Part Three, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14)(Bettilyon, Mark)
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Filing 471
Stipulated MOTION for Leave to File Excess Pages on Summary Judgment Briefing filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Brennan, Sterling)
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Filing 470
Mail Returned as Undeliverable. Mail sent to Retley Locker. (jrj)
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Filing 469
REPLY to Response to Motion re #441 MOTION to Strike and Memorandum in Support Portions of the Expert Report of Joseph McAlexander III filed by Defendant Alarm.com. (Attachments: #1 Exhibit 1)(Bettilyon, Mark)
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Filing 468
NOTICE OF WITHDRAWAL OF COUNSEL of Richard J. Stark filed by Mark M. Bettilyon on behalf of Alarm.com (Bettilyon, Mark)
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Filing 467
NOTICE OF WITHDRAWAL OF COUNSEL of Douglas W. McClellan filed by Sterling Arthur Brennan on behalf of Vivint (Brennan, Sterling)
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Filing 466
AFFIDAVIT/DECLARATION of Sterling A. Brennan in Opposition re #441 MOTION to Strike and Memorandum in Support Portions of the Expert Report of Joseph McAlexander III filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 AFC Chart B-1, #2 Exhibit 2 AFC Chart B-2, #3 Exhibit 3 AFC Chart B-3, #4 Exhibit 4 AFC Chart B-4, #5 Exhibit 5 AFC Chart B-5, #6 Exhibit 6 AFC Chart B-6, #7 Exhibit 7 Request for IPR, #8 Exhibit 8 Request for IPR, #9 Exhibit 9 Vivint POPR, #10 Exhibit 10 VIVINT POPR, #11 Exhibit 11 Vivint POR, #12 Exhibit 12 Request for IPR)(Brennan, Sterling)
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Filing 465
Plaintiff's MEMORANDUM in Opposition re #441 MOTION to Strike and Memorandum in Support Portions of the Expert Report of Joseph McAlexander III filed by Plaintiff Vivint. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B)(Brennan, Sterling)
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Filing 464
ORDER granting Joint #462 Motion for Leave to to Exceed Page Limits and to Modify Briefing Schedule. Vivint's Opposition to Alarm.com's Motion to Strikedue December 17, 2021 and Alarm.com's Reply in Support of Motion to Strikedue January 4, 2022. See Order for details. Signed by Magistrate Judge Cecilia M. Romero on 12/13/21. (jrj)
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Filing 463
NOTICE VACATING MOTIONS HEARING set for 1/26/2022 at 9:00 a.m. before Judge Clark Waddoups. In light of the recent filing of additional motions for summary judgment, this hearing is vacated. The court will reset a hearing in this matter upon completion of the briefing of those motions. (asb)
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Filing 462
Joint MOTION for Leave to File Exceed Page Limits and to Modify Briefing Schedule filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Veverka, Charles)
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Filing 461
ORDER granting #458 Motion for Leave to File Sealed Document. It is therefore ORDERED that Exhibits 1, 1014, and 1621 to the Khadpe Declaration (ECF 459, 460) shall remain permanently sealed. Signed by Magistrate Judge Cecilia M. Romero on 12/6/21. (jrj)
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Filing 460
**SEALED DOCUMENT** re #455 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Bettilyon, Mark)
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Filing 459
**SEALED DOCUMENT** re #457 Appendix,,, filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 1, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 16, #8 Exhibit 17, #9 Exhibit 18, #10 Exhibit 19, #11 Exhibit 20, #12 Exhibit 21)(Bettilyon, Mark)
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Filing 458
MOTION for Leave to File Sealed Document re #457 Appendix,,, filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 457
APPENDIX to #455 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Alarm.com . (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10 - Filed Under Seal, #11 Exhibit 11 - Filed Under Seal, #12 Exhibit 12 - Filed Under Seal, #13 Exhibit 13 - Filed Under Seal, #14 Exhibit 14 - Filed Under Seal, #15 Exhibit 15, #16 Exhibit 16 - Filed Under Seal, #17 Exhibit 17 - Filed Under Seal, #18 Exhibit 18 - Filed Under Seal, #19 Exhibit 19 - Filed Under Seal, #20 Exhibit 20 - Filed Under Seal, #21 Exhibit 21 - Filed Under Seal)(Bettilyon, Mark)
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Filing 456
AFFIDAVIT/DECLARATION of Marc J. Khadpe in Support re #455 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 455
MOTION for Summary Judgment and Memorandum in Support filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 454
APPENDIX to #453 Affidavit/Declaration in Support of Motion filed by Plaintiff Vivint for Summary Judgment re: Alleged Prior Art Systems. (Attachments: #1 Exhibit 1- Zatarains Report, #2 Exhibit 2 - Alarm.com's Invalidity Contentions, #3 Exhibit 3 - Zatarain Deposition, #4 Exhibit 4 - IPR2015-02004 Decision, #5 Exhibit 5 - MOSCAD System Planner, #6 Exhibit 6 - IPR2015-01995 Decision, #7 Exhibit 7 - SCADAware Brochure, #8 Exhibit 8 - SCADA Systems Seminar, #9 Exhibit 9 - Win-911 Manual, #10 Exhibit 10 - pcAnywhere Manual, #11 Exhibit 11 - SCADAware System Design Manual (Part 1 of 2), #12 Exhibit 11 - SCADAware System Design Manual (Part 2 of 2), #13 Exhibit 12 - IPR2015-02003 Decision)(Manookin, Michael)
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Filing 453
AFFIDAVIT/DECLARATION of Michael A. Manookin in Support re #452 MOTION for Summary Judgment and Memorandum in Support (re: Alleged Prior Art Systems) filed by Plaintiff Vivint. (Manookin, Michael)
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Filing 452
MOTION for Summary Judgment and Memorandum in Support (re: Alleged Prior Art Systems) filed by Plaintiff Vivint. (Manookin, Michael)
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Filing 451
ORDER granting #449 Motion for Admission Pro Hac Vice of Attorney Retley G. Locker for Alarm.com.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 12/3/21. (jrj)
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Filing 450
ORDER granting #448 Motion for Admission Pro Hac Vice of Attorney Keith R. Hummel for Alarm.com.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 12/3/21. (jrj)
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Filing 449
MOTION for Admission Pro Hac Vice of Retley G. Locke, Jr. , Registration fee $ 250, receipt number AUTDC-4179298,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Alarm.com. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - Text of Proposed Order)(Bettilyon, Mark)
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Filing 448
MOTION for Admission Pro Hac Vice of Keith R. Hummel , Registration fee $ 250, receipt number AUTDC-4179282,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Alarm.com. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - Text of Proposed Order)(Bettilyon, Mark)
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Filing 447
ORDER granting #442 Motion for Leave to File Sealed Document. Exhibits A, B, D, F, G and I to the Khadpe Declaration #443 shall remain permanently sealed. Signed by Magistrate Judge Cecilia M. Romero on 11/30/21. (jrj)
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Filing 446
Motions No Longer Referred: #441 MOTION to Strike and Memorandum in Support Portions of the Expert Report of Joseph McAlexander III will be handled by the District Judge. (cvm)
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Filing 445
NOTICE: The court received a bounce-back notification indicating that the primary email address mzaken@cravath.com, for attorney Michael J. Zaken is invalid. Under DUCivR 83-1.2(e) and 83-1.3(e), attorneys must maintain valid and current contact information in PACER and with the court. Consistent with the CM/ECF Procedures Manual, the court has inactivated the attorneys efiling privileges. When the attorney updates their contact information in PACER, the court will reactivate their efiling privileges. Instructions for updating an address can be found at https://www.utd.uscourts.gov/update-your-address-court. (nl)
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Filing 444
ERRATA to #441 MOTION to Strike and Memorandum in Support Portions of the Expert Report of Joseph McAlexander III filed by Defendant Alarm.com . (Attachments: #1 Text of Proposed Order)(Bettilyon, Mark)
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Filing 443
**SEALED DOCUMENT** re #442 MOTION for Leave to File Sealed Document re #441 MOTION to Strike and Memorandum in Support Portions of the Expert Report of Joseph McAlexander III , #441 MOTION to Strike and Memorandum in Support Portions of the Expert Report of Joseph McAlexander III filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit F, #5 Exhibit G, #6 Exhibit I)(Bettilyon, Mark)
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Filing 442
MOTION for Leave to File Sealed Document re #441 MOTION to Strike and Memorandum in Support Portions of the Expert Report of Joseph McAlexander III filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 441
MOTION to Strike and Memorandum in Support Portions of the Expert Report of Joseph McAlexander III filed by Defendant Alarm.com. (Attachments: #1 Affidavit of Marc J. Khapde, #2 Exhibit A - Filed Under Seal, #3 Exhibit B - Filed Under Seal, #4 Exhibit C, #5 Exhibit D - Filed Under Seal, #6 Exhibit E, #7 Exhibit F - Filed Under Seal, #8 Exhibit G - Filed Under Seal, #9 Exhibit H, #10 Exhibit I - Filed Under Seal) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 440
ORDER granting #439 Motion for Admission Pro Hac Vice of Attorney Stephanie Adamakos for Vivint.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 10/29/21. (jrj)
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Filing 439
MOTION for Admission Pro Hac Vice of Stephanie Adamakos , Registration fee $ 250, receipt number AUTDC-4150751,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Vivint. (Attachments: #1 Exhibit A - Application for PHV, #2 Exhibit B - Text of Proposed Order)(Veverka, Charles)
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Filing 438
NOTICE of Change of Address by Michael A. Manookin (Manookin, Michael)
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Filing 437
AMENDED NOTICE OF HEARING ON MOTION re: #390 MOTION to Strike (Strike Untimely Produced Prior Art and Supporting Testimony), #396 MOTION for Summary Judgment (of IPR Estoppel), #356 Redacted MOTION to Strike : Motion Hearing set for Wednesday, 1/26/2022 at 09:00 AM (Courtroom TBD) before Judge Clark Waddoups (amended to change the date). (asb)
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Filing 436
NOTICE VACATING STATUS CONFERENCE HEARING set for 12/9/2021 at 11:00 a.m. before Judge Clark Waddoups (asb)
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Filing 435
NOTICE OF HEARING ON MOTION re: #390 MOTION to Strike (Strike Untimely Produced Prior Art and Supporting Testimony), #396 MOTION for Summary Judgment (of IPR Estoppel), #356 Redacted MOTION to Strike : Motion Hearing set for Wednesday, 1/19/2022 at 09:00 AM in Rm 7.200 before Judge Clark Waddoups. (asb)
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Set/Reset Hearings: Scheduling Conference set for 12/9/2021 at 11:00 AM in Rm 7.200 before Judge Clark Waddoups per Order #434 . (jrj)
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Filing 434
AMENDED SCHEDULING ORDER granting #432 Motion for Amended Scheduling Order. Expert Discovery due by 10/29/2021. Motions due by 12/3/2021. Scheduling Conference set for 12/9/217/9/2021 at 11:00 AM in Rm 7.200 before Judge Clark Waddoups. Signed by Magistrate Judge Cecilia M. Romero on 10/8/21. (jrj) Modified on 10/18/2021-Date of Scheduling Conference is 12/9/21 at 11:00 AM before Judge Waddoups. (jrj).
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Filing 433
NOTICE of Change of Address by David R. Wright (Wright, David)
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Filing 432
Stipulated MOTION for Amended Scheduling Order filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 431
NOTICE of Appearance by Ryan A. Cook on behalf of Vivint (Cook, Ryan)
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Filing 430
REPLY to Response to Motion re #396 MOTION for Summary Judgment and Memorandum in Support (of IPR Estoppel) filed by Plaintiff Vivint. (Attachments: #1 Exhibit Unpublished Decision)(Harris, Kirk)
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Filing 429
ORDER GRANTING ALARM.COM'S MOTION FOR LEAVE TO FILE UNDER SEAL - granting #426 Motion for Leave to File Sealed Document. Exhibits Q and R to the Khadpe Declaration #427 shall remain permanently sealed. Signed by Magistrate Judge Cecilia M. Romero on 9/28/21. (jrj)
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Filing 428
ORDER GRANTING ALARM.COM'S MOTION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO VIVINTS MOTION TO STRIKE - granting #425 Motion for Leave to File. It is therefore ORDERED that Alarm.com's Motion for Leave to File Sur-Reply is GRANTED. Signed by Magistrate Judge Cecilia M. Romero on 9/28/21. (jrj)
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Filing 427
**SEALED DOCUMENT** re #426 MOTION for Leave to File Sealed Document re #425 MOTION for Leave to File Sur-Reply in Opposition to Vivint's Motion to Strike and Memorandum in Support , #425 MOTION for Leave to File Sur-Reply in Opposition to Vivint's Motion to Strike and Memorandum in Support filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Q, #2 Exhibit R)(Bettilyon, Mark)
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Filing 426
MOTION for Leave to File Sealed Document re #425 MOTION for Leave to File Sur-Reply in Opposition to Vivint's Motion to Strike and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 425
MOTION for Leave to File Sur-Reply in Opposition to Vivint's Motion to Strike and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Sur-Reply in Opposition to Vivint's Motion to Strike, #2 Affidavit of Marc J. Khadpe, #3 Exhibit O, #4 Exhibit P, #5 Exhibit Q - Filed Under Seal, #6 Exhibit R - Filed Under Seal, #7 Exhibit S, #8 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 424
NOTICE of Appearance by Alexis Keiko Juergens on behalf of Vivint (Juergens, Alexis)
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Filing 423
ORDER GRANTING ALARM.COM'S MOTION FOR LEAVE TO FILE UNDER SEAL-granting #421 Motion for Leave to File Sealed Document. Defendant's Appendix to Motion #422 shall remain permanently sealed. Signed by Magistrate Judge Cecilia M. Romero on 9/20/21. (jrj)
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Filing 422
**SEALED DOCUMENT** re #420 Appendix,, filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Bettilyon, Mark)
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Filing 421
MOTION for Leave to File Sealed Document re #420 Appendix,, filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 420
APPENDIX to #418 Memorandum in Opposition to Motion filed by Defendant Alarm.com . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22 - Filed Under Seal)(Bettilyon, Mark)
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Filing 419
AFFIDAVIT/Declaration of Matthew J. Boggess in Support re #418 Memorandum in Opposition to Motion for Summary Judgment of IPR Estoppel filed by Alarm.com. (Bettilyon, Mark)
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Filing 418
MEMORANDUM in Opposition re #396 MOTION for Summary Judgment and Memorandum in Support (of IPR Estoppel) filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 417
Second AFFIDAVIT/DECLARATION of Michael A. Manookin in Support re #390 MOTION to Strike and Memorandum in Support (Strike Untimely Produced Prior Art and Supporting Testimony) filed by Plaintiff Vivint. (Attachments: #1 Exhibit 9 - Portions of Deposition Transcript, #2 Exhibit 10 - Email October 5, 2018, #3 Exhibit 11 - Email January 18, 2019, #4 Exhibit 12 - Email September 26, 2019)(Manookin, Michael)
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Filing 416
REPLY to Response to Motion re #390 MOTION to Strike and Memorandum in Support (Strike Untimely Produced Prior Art and Supporting Testimony) filed by Plaintiff Vivint. (Harris, Kirk)
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Filing 415
Motions No Longer Referred: #390 MOTION to Strike and Memorandum in Support (Strike Untimely Produced Prior Art and Supporting Testimony) will be handled by the District Judge. (cvm)
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Filing 414
ORDER MODIFYING SCHEDULING ORDER AND BRIEFING SCHEDULE - granting #413 Motion for Amended Scheduling Order. Expert Discovery due by 10/15/2021. Scheduling Conference(for setting trial date) set for 12/9/2021 at 11:00 AM in Rm 7.200 before Judge Clark Waddoups. See Order for additional deadlines. Signed by Magistrate Judge Cecilia M. Romero on 8/26/21. (jrj)
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Filing 413
Consent MOTION for Amended Scheduling Order and Briefing Schedule filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 412
ORDER GRANTING MOTION TO MODIFY BRIEFING SCHEDULE - granting #411 Motion for Extension of Time to File Response/Reply re #411 Consent MOTION for Extension of Time to File Response/Reply as to #406 Memorandum in Opposition to Motion. Replies due by 9/1/2021. Signed by Magistrate Judge Cecilia M. Romero on 8/23/21. (jrj)
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Filing 411
Consent MOTION for Extension of Time to File Response/Reply as to #406 Memorandum in Opposition to Motion, filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Veverka, Charles)
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Filing 410
DOCKET TEXT ORDER denying #399 Motion for Leave to File Sealed Document. Pursuant to DUCivR 5-3(b)(2)(C)(i), the court instructed the designating party to file a Motion for Leave to File Under Seal in accordance with DUCivR 5-3(b)(2) within seven (7) days of service of the Motion 402 . No such motion has been filed and the time to do so has expired. The court therefore DENIES the #399 Motion to Seal and instructs the clerk of court to unseal #400 Appendix to Motion for Summary Judgment. Signed by Magistrate Judge Cecilia M. Romero on 08/18/2019. No attached document. (cvm)
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Filing 409
NOTICE by Alarm.com re #399 MOTION for Leave to File Sealed Document re #397 Appendix,,,,, (Exhibit 9 and 27), 402 Order,, (Bettilyon, Mark)
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Filing 408
ORDER granting #404 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Cecilia M. Romero on 08/12/2021. (kpf)
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Filing 407
GRANTING NON-PARTY DEFENDANT ADT LLC AND DEFENDANT ALARM.COM INCORPORATED'S MOTION TO TRANSFER RELATED CASE PURSUANT TO DUCIVR 83-2(g) - granting #378 Motion to Transfer Related Case. The court finds that Vivint v. ADT LLC, 2:21-cv-00115-CMR (D. Utah, filed Feb. 25, 2021) (Vivint v. ADT) is related to the above-captioned, lower-numbered case and that transfer to the undersigned is appropriate under the circumstances pursuant to DUCivR 83-2(g). The court therefore GRANTS the motion and directs the Clerk of Court to reassign Vivint v. ADT to the undersigned judge. Vivint v. ADT will not be consolidated with Vivint v. Alarm.com, Inc. See Order for details. Signed by Judge Clark Waddoups on 8/12/21. (jrj)
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Filing 406
MEMORANDUM in Opposition re #390 MOTION to Strike and Memorandum in Support (Strike Untimely Produced Prior Art and Supporting Testimony) Corrected filed by Defendant Alarm.com. (Bettilyon, Mark) Modified on 8/12/2021-Refiled from #403 to change one word (jrj).
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Filing 405
**SEALED DOCUMENT** re #404 MOTION for Leave to File Sealed Document re #403 Memorandum in Opposition to Motion,, , #403 Memorandum in Opposition to Motion,, filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit K, #2 Exhibit M)(Bettilyon, Mark)
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Filing 404
MOTION for Leave to File Sealed Document re #403 Memorandum in Opposition to Motion,, filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 403
MEMORANDUM in Opposition(Document has been refiled as #406 ) re #390 MOTION to Strike and Memorandum in Support (Strike Untimely Produced Prior Art and Supporting Testimony) filed by Defendant Alarm.com. (Attachments: #1 Affidavit of Marc J. Khadpe, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K - Filed Under Seal, #13 Exhibit L, #14 Exhibit M - Filed Under Seal, #15 Exhibit N)(Bettilyon, Mark) Modified on 8/12/2021-The Memorandum in Opposition has been refiled as document #406 to change a word. (jrj).
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Filing 402
DOCKET TEXT ORDER taking under advisement #399 Motion for Leave to File Sealed Document. The basis presented in the Motion is that the material in the documents has been designated by another party as Confidential. Therefore, under DUCivR 5-3(b)(2)(C)(i), the seal will be removed from these documents unless the designating party files a Motion for Leave to File Under Seal in accordance with DUCivR 5-3(b)(2) within seven (7) days of service of the Motion. If the designating party does not file a motion within seven (7) days, the original motion may be denied by the court and the documents may be unsealed. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 08/11/2021. (jfm)
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Filing 401
CLERK'S NOTICE OF POSSIBLE ERROR re #395 Notice (Other),. Description of possible error: Although Court will Recognize this filing in the future: According to DUCivR 7-1(a)(4) parties must file their own motion. DUCivR 7-1(a)(4) Motions Seeking Relief Similar to Another Party's Motion. Each party seeking relief from the Court must file its own motion stating the relief sought and the basis for the requested relief. A party may incorporate by reference the arguments and reasons set forth in another party's motion or memorandum to the extent applicable to that party. (jrj)
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Filing 400
**SEALED DOCUMENT** re #397 Appendix,,,,, filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 9, #2 Exhibit 27)(Manookin, Michael)
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Filing 399
MOTION for Leave to File Sealed Document re #397 Appendix,,,,, (Exhibit 9 and 27) filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Manookin, Michael)
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Filing 398
AFFIDAVIT/DECLARATION of Michael A. Manookin in Support re #396 MOTION for Summary Judgment and Memorandum in Support (of IPR Estoppel) filed by Plaintiff Vivint. (Manookin, Michael)
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Filing 397
APPENDIX to #396 MOTION for Summary Judgment and Memorandum in Support (of IPR Estoppel) filed by Plaintiff Vivint (Redacted). (Attachments: #1 Exhibit 1 - Final Infringement Contentions, #2 Exhibit 2 - Alarm.com's Amended Final Invalidity Contentions, #3 Exhibit 3 - Email dated August 20, 2015, #4 Exhibit 4 - MOSCAD Motorola SCADA System Planner, #5 Exhibit 5 - Letter Sankoorikal dated 2015 09 28, #6 Exhibit 6 - Request for IPR, #7 Exhibit 7 - U.S. Patent No. 6034970, #8 Exhibit 8 - Expert Report of Robert L. Stoll, #9 Exhibit 9 - Alarm.com's Initial Non-Infringement Contentions, #10 Exhibit 10 - IPR2016-00116 Decision, #11 Exhibit 11 - IPR2016-00116 Final Written Decision, #12 Exhibit 12 - Request for IPR, #13 Exhibit 13 - IPR2016-00161 Decision, #14 Exhibit 14 - IPR2016-00161 Final Written Decision, #15 Exhibit 15 - Request for IPR, #16 Exhibit 16 - IPR2016-00173 Decision, #17 Exhibit 17 - IPR2016-00173, #18 Exhibit 18 - Request for IPR, #19 Exhibit 19 - Request for IPR, #20 Exhibit 20 - Request for IPR, #21 Exhibit 21 - Petition for IPR, #22 Exhibit 22 - Petition for IPR, #23 Exhibit 23 - U.S. Patent No 5509000, #24 Exhibit 24 - Decision, #25 Exhibit 25 - IPR2016-01124, #26 Exhibit 26 - Letter Khadpe dated June 7, 2016, #27 Exhibit 27 - Discovery Responses)(Harris, Kirk)
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Filing 396
MOTION for Summary Judgment and Memorandum in Support (of IPR Estoppel) filed by Plaintiff Vivint. (Harris, Kirk)
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Filing 395
NOTICE of Vivint, Inc.'s Joinder in Alarm.com and ADT's Motion to Transfer Related Case by Vivint re #386 Memorandum in Opposition to Motion, #387 Reply Memorandum/Reply to Response to Motion, #378 Joint MOTION to Transfer Related Case and Memorandum in Support (Manookin, Michael)
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Filing 394
ORDER granting #392 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Cecilia M. Romero on 07/30/2021. (kpf)
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Filing 393
**SEALED DOCUMENT** re #391 Affidavit/Declaration in Support of Motion,, filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 5-SEALED)(Harris, Kirk)
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Filing 392
MOTION for Leave to File Sealed Document re #391 Affidavit/Declaration in Support of Motion,, filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Harris, Kirk)
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Filing 391
Redacted AFFIDAVIT/DECLARATION of Michael A. Manookin in Support re #390 MOTION to Strike and Memorandum in Support (Strike Untimely Produced Prior Art and Supporting Testimony) filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1-Chart, #2 Exhibit 2-Report, #3 Exhibit 3-Email, #4 Exhibit 4-Amended Disclosures, #5 Exhibit 5-REDACTED Responses, #6 Exhibit 6-Invalidity Contentions, #7 Exhibit 7-Request for IPR, #8 Exhibit 8-Letter)(Harris, Kirk)
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Filing 390
MOTION to Strike and Memorandum in Support (Strike Untimely Produced Prior Art and Supporting Testimony) filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Harris, Kirk)
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Filing 389
ORDER granting #388 Motion for Admission Pro Hac Vice of Attorney Allison N. Kempf for Alarm.com.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 6/17/21. (jrj)
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Filing 388
MOTION for Admission Pro Hac Vice of Allison N. Kempf , Registration fee $ 250, receipt number AUTDC-4034832,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Alarm.com. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bettilyon, Mark)
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Filing 387
REPLY to Response to Motion re #378 Joint MOTION to Transfer Related Case and Memorandum in Support filed by Movant ADT LLC, Defendant Alarm.com. (Bettilyon, Mark)
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Filing 386
Plaintiff's MEMORANDUM in Opposition re #378 Joint MOTION to Transfer Related Case and Memorandum in Support filed by Plaintiff Vivint. (Manookin, Michael)
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Filing 385
ORDER granting #382 Motion for Leave to File Sealed Document. Defendant's Exhibit O to the Khadpe Declaration #383 shall remain permanently sealed. Signed by Magistrate Judge Cecilia M. Romero on 5/5/21. (jrj)
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Filing 384
REQUEST to Submit for Decision re #358 Sealed Document,, #356 Redacted MOTION to Strike and Memorandum in Support filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 383
**SEALED DOCUMENT** re #381 Reply Memorandum/Reply to Response to Motion, #382 MOTION for Leave to File Sealed Document re #381 Reply Memorandum/Reply to Response to Motion, filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Bettilyon, Mark)
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Filing 382
MOTION for Leave to File Sealed Document re #381 Reply Memorandum/Reply to Response to Motion, filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 381
Redacted REPLY to Response to Motion re #356 Redacted MOTION to Strike and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Affidavit of Marc Khadpe, #2 Exhibit O - Filed Under Seal, #3 Exhibit P, #4 Exhibit Q, #5 Exhibit R)(Bettilyon, Mark)
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Filing 380
Order granting #361 Motion for Short Form Discovery. Discovery due by 10/15/2021, Motions due by 11/17/2021, Scheduling Conference set for 12/9/2021 at 11:00 AM in Rm 7.200 before Judge Clark Waddoups. Signed by Judge Clark Waddoups on 05/03/2021. (kpf)
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Filing 379
Motions No Longer Referred: #378 Joint MOTION to Transfer Related Case and Memorandum in Support will be handled by the District Judge. (cvm)
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Filing 378
Joint MOTION to Transfer Related Case and Memorandum in Support filed by Movant ADT LLC, Defendant Alarm.com. (Attachments: #1 Affidavit of Daniel J. McGrath, #2 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 377
NOTICE of Appearance by Mark M. Bettilyon on behalf of ADT LLC (Bettilyon, Mark)
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Filing 376
ORDER granting #373 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Cecilia M. Romero on 04/20/2021. (kpf)
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Filing 375
**SEALED DOCUMENT** re #372 Affidavit/Declaration in Opposition to Motion, filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 1-Alarm's 2016 Non-infringement Contentions, #2 Exhibit 2-Screenshots, #3 Exhibit 3-Deposition of Hutz, #4 Exhibit 4-Final Amended Contentions, #5 Exhibit 5-Alarm's 2016 Non-infringement Contentions 123 Patent, #6 Exhibit 6-Deposition of Carlson, #7 Exhibit 7-Deposition of Nye)(Wright, David)
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Filing 374
**SEALED DOCUMENT** re #371 Memorandum in Opposition to Motion filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Wright, David)
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Filing 373
MOTION for Leave to File Sealed Document re #372 Affidavit/Declaration in Opposition to Motion, #371 Memorandum in Opposition to Motion filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Wright, David)
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Filing 372
Redacted AFFIDAVIT/DECLARATION of Robert Berezin in Opposition re #356 Redacted MOTION to Strike and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1-Redacted, #2 Exhibit 2-Screenshots, #3 Exhibit 3-Redacted, #4 Exhibit 4-Redacted, #5 Exhibit 5-Redacted, #6 Exhibit 6-Redacted, #7 Exhibit 7-Redacted)(Wright, David)
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Filing 371
Redacted MEMORANDUM in Opposition re #356 Redacted MOTION to Strike and Memorandum in Support filed by Plaintiff Vivint. (Wright, David)
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Filing 370
Motions No Longer Referred: #361 MOTION for Short Form Discovery re: Modifying the Scheduling Order will be handled by the District Judge. (cvm)
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Filing 369
REPLY to Response to Motion re #361 MOTION for Short Form Discovery re: Modifying the Scheduling Order MOTION to Expedite (Sur-Reply) filed by Plaintiff Vivint. (Veverka, Charles)
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Filing 368
REPLY(in Support) to Response to Motion re #361 MOTION for Short Form Discovery re: Modifying the Scheduling Order MOTION to Expedite filed by Defendant Alarm.com. (jrj)
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Filing 367
ORDER GRANTING ALARM.COM'S S MOTION FOR LEAVE TO FILE REPLY - granting #363 Motion for Leave to File. IT IS FURTHER ORDERED that Plaintiff may submit a sur-reply April 13, 2021. Signed by Magistrate Judge Cecilia M. Romero on 4/8/21. (jrj)
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Filing 366
ERRATA to #362 Response to Motion filed by Plaintiff Vivint . (Veverka, Charles)
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Filing 365
NOTICE of Errata by Vivint re #363 MOTION for Leave to File Reply in Support of Alarm.com's Motion to Modify the Scheduling Order (Attachments: #1 Errata Vivint's Inc.'s Opposition to Alarm.com Incorporated's Renewed Motion to Modify Scheduling Order) (Veverka, Charles)
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Filing 364
ERRATA to #363 MOTION for Leave to File Reply in Support of Alarm.com's Motion to Modify the Scheduling Order filed by Defendant Alarm.com Attachment of Stark Declaration and Exhibits for Proposed Reply. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bettilyon, Mark)
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Filing 363
MOTION for Leave to File Reply in Support of Alarm.com's Motion to Modify the Scheduling Order filed by Defendant Alarm.com. (Attachments: #1 Exhibit 1 - Proposed Reply, #2 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 362
RESPONSE to Motion re #361 MOTION for Short Form Discovery re: Modifying the Scheduling Order MOTION to Expedite filed by Plaintiff Vivint. (Wright, David)
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Filing 361
MOTION for Short Form Discovery re: Modifying the Scheduling Order , MOTION to Expedite filed by Defendant Alarm.com. (Attachments: #1 Affidavit of Marc Khadpe, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 360
Motions No Longer Referred: #356 Redacted MOTION to Strike and Memorandum in Support will be handled by the District Judge. (cvm)
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Filing 359
ORDER granting #357 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Cecilia M. Romero on 3/23/21. (jwt)
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Filing 358
**SEALED DOCUMENT** re #356 Redacted MOTION to Strike and Memorandum in Support filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Affidavit of Marc Khadpe, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Bettilyon, Mark)
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Filing 357
MOTION for Leave to File Sealed Document re #356 Redacted MOTION to Strike and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 356
Redacted MOTION to Strike and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Affidavit of Marc Khadpe, #2 Exhibit A, #3 Exhibit B - Filed Under Seal, #4 Exhibit C, #5 Exhibit D - Filed Under Seal, #6 Exhibit E - Filed Under Seal, #7 Exhibit F - Filed Under Seal, #8 Exhibit G - Filed Under Seal, #9 Exhibit H, #10 Exhibit I - Filed Under Seal, #11 Exhibit J - Filed Under Seal, #12 Exhibit K, #13 Exhibit L - Filed Under Seal, #14 Exhibit M, #15 Exhibit N - Filed Under Seal) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 355
ORDER granting #354 Motion Leave to Exceed Page Limits and to Modify Briefing Schedule. Signed by Magistrate Judge Cecilia M. Romero on 3/19/21. (jwt)
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Filing 354
Joint MOTION for Leave to Exceed Page Limits and Modify Briefing Schedule filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 353
ORDER granting #352 Motion for Amended Scheduling Order. The court GRANTS the Motion and amends the Scheduling Order (ECF #213 ) to reopen fact discovery for the purpose of conducting a limited deposition of a Vivint fact witness. Fact discovery shall be reopened through January 31, 2021.The court also hereby orders the Clerk of Court to lift the partial stay which expired August 20, 2020 (ECF #336 ). Signed by Magistrate Judge Cecilia M. Romero on 1/7/2021. (jwt)
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Filing 352
Stipulated MOTION for Amended Scheduling Order filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 351
ORDER granting #350 Motion for Admission Pro Hac Vice of Attorney Sharonmoyee Goswami for Alarm.com.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 1/3/2021. (jwt)
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Filing 350
MOTION for Admission Pro Hac Vice of Sharonmoyee Goswami , Registration fee $ 250, receipt number AUTDC-3857230,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Alarm.com. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Bettilyon, Mark)
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Filing 349
ORDER granting #345 Stipulated MOTION to Modify Expert Discovery Deadlines filed by Vivint. Discovery due by 6/18/2021., Motions due by 7/21/2021. Scheduling Conference for purpose of setting trial set for 5/27/2021 at 02:45 PM before Judge Clark Waddoups is VACATED. Scheduling Conference for setting a trial date to be set on a date convenient for the Court. Signed by Judge Clark Waddoups on 12/4/2020. (lnp)
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Filing 348
ORDER granting #346 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Cecilia M. Romero on 11/28/2020. (lnp)
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Filing 347
**SEALED DOCUMENT** re #345 Redacted MOTION for Extension of Time to Complete Discovery (Expert Discovery Deadlines) filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Veverka, Charles)
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Filing 346
MOTION for Leave to File Sealed Document re #345 Redacted MOTION for Extension of Time to Complete Discovery (Expert Discovery Deadlines) filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Veverka, Charles)
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Filing 345
Redacted MOTION for Extension of Time to Complete Discovery (Expert Discovery Deadlines) filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Veverka, Charles)
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Filing 344
DOCKET TEXT ORDER re #343 Order - Scheduling Conference for purpose of setting trial set for 5/27/2021 at 02:45 PM before Judge Clark Waddoups. Signed by Magistrate Judge Cecilia M. Romero on 9/24/20. (alf)
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Filing 343
ORDER granting #342 Motion for Extension of Time to Complete Discovery. Discovery deadline: 4/16/21. Deadline for filing dispositive motions: 5/19/21. Scheduling conference set for 5/27/21 at 2:45 p.m. before Judge Waddoups. See order for other dates and deadlines. Signed by Magistrate Judge Cecilia M. Romero on 9/24/20. (alf)
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Filing 342
MOTION for Extension of Time to Complete Discovery (Expert Discovery Deadlines) filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Manookin, Michael)
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Filing 341
MEMORANDUM DECISION and ORDER Overruling Defendant's #315 OBJECTIONS to Magistrate Judge's Order #312 on Motion for Protective Order. Alarm.com is not entitled to a protective order under Rule 26(c). Signed by Judge Clark Waddoups on 8/6/2020. (lnp)
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Filing 340
NOTICE of Appearance by Sterling Arthur Brennan on behalf of Vivint (Brennan, Sterling)
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Filing 339
MEMORANDUM DECISION and ORDER Sustaining Defendant's Rule 72(a) Objection to Magistrate Judge's Order as it Relates to Vivint's Motion to Compel Alarm.com to Produce Source Code: The court SUSTAINS Alarm.com's Rule 72(a) objection as it relates to Vivint's Motion to Compel Alarm.com to Produce Source Code. The Magistrate Judge's Order granting Vivint's Motion to Compel is VACATED. Signed by Judge Clark Waddoups on 7/9/2020. (lnp)
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Filing 338
REPLY to Response to Motion re #333 MOTION for Reconsideration of the Court's March 9, 2020 Order Denying Partial Summary Judgment re #328 Order on Motion for Miscellaneous Relief,, Order on Motion for Partial Summary Judgment,, Memorandum Decision, and Memorandum in Support filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 337
MEMORANDUM in Opposition re #333 MOTION for Reconsideration of the Court's March 9, 2020 Order Denying Partial Summary Judgment re #328 Order on Motion for Miscellaneous Relief,, Order on Motion for Partial Summary Judgment,, Memorandum Decision, and Memorandum in Support filed by Plaintiff Vivint. (Wright, David)
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Filing 336
ORDER GRANTING MOTION FOR PARTIAL STAY AND EXTENSION OF DISCOVERY DEADLINES- Motions terminated: #335 Stipulated MOTION to Stay and for Extension of Discovery Deadlines Due to Novel Coronavirus filed by Vivint., ( Expert Discovery due by 2/22/2021., Motions due by 3/25/2021.) See Order for details. Signed by Magistrate Judge Cecilia M. Romero on 4/16/20. (jrj)
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Filing 335
Stipulated MOTION to Stay and for Extension of Discovery Deadlines Due to Novel Coronavirus filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Wright, David)
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Filing 334
Motions No Longer Referred: #333 MOTION for Reconsideration of the Court's March 9, 2020 Order Denying Partial Summary Judgment re #328 Order on Motion for Miscellaneous Relief,, Order on Motion for Partial Summary Judgment,, Memorandum Decision, and Memorandum in Support. District Judge will handle this motion. (ncw)
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Filing 333
MOTION for Reconsideration of the Court's March 9, 2020 Order Denying Partial Summary Judgment re #328 Order on Motion for Miscellaneous Relief,, Order on Motion for Partial Summary Judgment,, Memorandum Decision, and Memorandum in Support filed by Defendant Alarm.com. Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 332
ORDER GRANTING STIPULATED MOTION TO MODIFY EXPERT DISCOVERY DEADLINES:( Motions due by 11/11/2020.), Motions granted: #331 Stipulated MOTION for Extension of Time to Modify Expert Discovery Deadlines filed by Vivint. See Order for details. Signed by Judge Cecilia Romero on 3/24/20. (jrj)
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Filing 331
Stipulated MOTION for Extension of Time to Modify Expert Discovery Deadlines filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Wright, David)
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Filing 330
DOCKET TEXT ORDER finding as moot #224 Motion for Hearing. Signed by Judge Clark Waddoups on 3/12/20. No attached document. (ncw)
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Filing 329
ORDER granting #326 Motion for Leave to File Sealed Document. It is therefore ORDERED that the sealed Reply and Exhibits 5 and 6 to the Reply #327 shall remain permanently sealed. Signed by Magistrate Judge Cecilia M. Romero on 3/9/20. (jrj)
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Filing 328
MEMORANDUM DECISION AND ORDER CONSTRUING CLAIMS AND DENYING ALARM.COM'S MOTION FOR PARTIAL SUMMARY JUDGMENT-granting in part and denying in part #168 Motion ; denying #174 Motion for Partial Summary Judgment. See Order for details. Signed by Judge Clark Waddoups on 3/6/20. (jrj)
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Filing 327
**SEALED DOCUMENT** re #325 Response (NOT to motion), filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 5, #2 Exhibit 6)(Bettilyon, Mark)
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Filing 326
MOTION for Leave to File Sealed Document re #325 Response (NOT to motion), filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 325
Redacted RESPONSE re #315 Objections, #323 Sealed Document,, filed by Alarm.com. (Attachments: #1 Affidavit of Marc Khadpe, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5 - Filed Under Seal, #7 Exhibit 6 - Filed Under Seal)(Bettilyon, Mark)
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Filing 324
ORDER granting #322 Motion for Leave to File Sealed Document. It is ORDERED that Exhibit 2 to Vivint's Response to Alarm.coms Objections to Judge Romero's Ruling and Order #323 shall remain permanently sealed. Signed by Magistrate Judge Cecilia M. Romero on 2/24/20. (jmr)
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Filing 323
**SEALED DOCUMENT** re #321 Response (NOT to motion) filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Certificate of Service)(Manookin, Michael)
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Filing 322
MOTION for Leave to File Sealed Document re #321 Response (NOT to motion) filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Manookin, Michael)
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Filing 321
Redacted RESPONSE re #315 Objections,, filed by Vivint. (Attachments: #1 Exhibit 1-Article, #2 Exhibit 2-REDACTED, #3 Exhibit 3-Screenshot, #4 Exhibit 4-Hearing Transcript)(Manookin, Michael)
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Filing 320
DOCKET TEXT ORDER No attached document. On January 31, 2020, Defendant Alarm.com filed a Rule 72(a) objection to Magistrate Judge Romero's January 22, 2020 Order Re: Motion to Compel and Motion for Protective Order. The court respectfully instructs Plaintiff Vivint to respond to Alarm.coms Rule 72(a) objection on or before February 21, 2020. Alarm.com may file a reply on or before March 6, 2020. Signed by Judge Clark Waddoups on 2/7/20. (ncw)
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Filing 319
ORDER EXTENDING DISCOVERY-granting #318 Motion for Extension of Time to Complete Discovery and granting #316 Motion to Stay. See Order for details. Signed by Magistrate Judge Cecilia M. Romero on 2/5/20. (jmr)
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Filing 318
Joint MOTION for Extension of Time to Complete Discovery filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Manookin, Michael)
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Filing 317
DOCKET TEXT ORDER temporarily granting #316 Motion to Stay. On Friday January 31, 2020, Alarm.com filed a Rule 72(a) Objection to Magistrate Judge Romero's January 22, 2020, Ruling and Order. (ECF No. 315.) Accompanying that Rule 72(a) Objection was a Motion to Stay the January 22, 2020, Order Pending the District Court's Review of the Objection. (ECF No. 316.) In the January 22, 2020 Order, Magistrate Judge Romero Ordered Alarm.com to produce certain information by February 4, 2020. Alarm.com's Motion to Stay appears to be directed to Magistrate Judge Romero. On Monday February 3, 2020, the District of Utah was closed in the morning due to inclement weather. Many employees were unable to arrive at the courthouse due to poor road conditions. On February 3, 2020, Judge Waddoups' staff was unable to reach Judge Romero's staff regarding this Motion. Because Alarm.com seeks an expedited order prior to its February 4 deadline, the district court temporarily grants Alarm.com's Motion to Stay. The court will determine at a later date whether the undersigned or Judge Romero will resolve the Motion. Signed by Judge Clark Waddoups on 2/3/2020. No attached document. (ncw)
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Filing 316
MOTION to Stay re #312 Order on Motion to Expedite,, Order on Motion for Short Term Discovery,, Order on Motion for Protective Order,,, #315 Objections, and Memorandum in Support filed by Defendant Alarm.com. Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 315
OBJECTIONS to #312 Order on Motion to Expedite,, Order on Motion for Short Term Discovery,, Order on Motion for Protective Order,,, filed by Alarm.com. (Attachments: #1 Affidavit of Marc Khadpe, #2 Exhibit 1, #3 Exhibit 2)(Bettilyon, Mark)
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Filing 313
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 12/16/2019 before Judge Cecilia M. Romero. Court Reporter/Transcriber Laura W. Robinson, Telephone number (801)328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/21/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/30/2020. (nl) Modified by removing restricted text on 4/30/2020 (rks).
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Filing 312
ORDER RE: MOTION TO COMPEL AND MOTION FOR PROTECTIVE ORDER - granting #285 Motion to Expedite; granting #285 Motion for Short Term Discovery; denying #295 Motion for Protective Order; terminating #295 Motion to Expedite. See Order for details. Signed by Magistrate Judge Cecilia M. Romero on 1/22/20. (jmr)
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Filing 311
ORDER granting #309 Motion for Admission Pro Hac Vice of Jill E. Greenfield for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Cecilia M. Romero on 1/14/20. (jmr)
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Filing 310
ORDER granting #308 Motion for Admission Pro Hac Vice of Emma K. Kolesar for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Cecilia M. Romero on 1/14/20. (jmr)
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Filing 309
MOTION for Admission Pro Hac Vice of Jill E. Greenfield , Registration fee $ 250, receipt number 1088-3461657, filed by Defendant Alarm.com. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Bettilyon, Mark)
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Filing 308
MOTION for Admission Pro Hac Vice of Emma K. Kolesar , Registration fee $ 250, receipt number 1088-3461650, filed by Defendant Alarm.com. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Bettilyon, Mark)
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Filing 307
STATUS REPORT re Meet and Confer Pursuant to Docket No 306 by Vivint. (Manookin, Michael)
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Filing 306
Minute Entry for proceedings held before Magistrate Judge Cecilia M. Romero: Motion Hearing held on 12/16/2019 re #285 Redacted MOTION to Expedite to Compel Alarm.com to Produce Source Code. Court hears argument from both parties. Court takes the matter under advisement. The Court will issue a written order. The Court then hears argument re #295 MOTION for Protective Order. Court also takes the matter under advisement. The Court will also issue a written order. The Court orders parties to have a Meet and Confer by Monday, December 23, 2019 as to the issues the Court stated on the record and submit a document to the Court with status and any resolutions. Attorney for Plaintiff: Douglas McClellan, Kirk Harris, Michael Manookin, Attorney for Defendant: Richard Stark, Emma Kolesar, Jonathan Stahl. Court Reporter: Electronic.(Time Start: 2:01:43 PM, Time End: 3:55:26 PM, Room 7.400.)(mas)
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Filing 305
DOCKET TEXT ORDER No attached document. On December 7, 2018 the court entered a temporary stay as to nine of the claims at issue in this case that the U.S. Patent and Trademark Office had rejected in ex parte reexaminations. (ECF No. 249.) On April 3, 2019 the court extended the stay six months. (ECF No. 249.) On November 12, 2019, the parties filed a joint status report, requesting a six-month extension of the stay that the court extended on April 3, 2019. (ECF No. 303 at 2.) The Parties also request[ed] that the Court expand the temporary stay to include Claim 3 of U.S. Patent No. 6,535,123, which has been found unpatentable by the Patent Trial and Appeals Board in inter partes review in a decision that Vivint is currently appealing. The court extends the stay as to the nine claims previously stayed. The court also expands the stay to include Claim 3 of Patent 123. The stay is extended to May 15, 2020. Signed by Judge Clark Waddoups on 12/13/2019. (ncw)
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Filing 304
AMENDED NOTICE OF HEARING ON MOTION re: #295 MOTION for Protective Order and Memorandum in Support MOTION to Expedite Request for Protective Order and Memorandum in Support , #285 Redacted MOTION to Expedite to Compel Alarm.com to Produce Source Code MOTION for Short Form Discovery Motion Hearing rescheduled per the parties' request to 12/16/2019 at 02:00 PM in Rm 7.400 before Magistrate Judge Cecilia M. Romero. (Notice generated by CMR Chambers) (cvm)
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Filing 303
STATUS REPORT by Alarm.com. (Bettilyon, Mark)
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Filing 302
NOTICE OF HEARING ON MOTION re: #295 MOTION for Protective Order and Memorandum in Support MOTION to Expedite Request for Protective Order and Memorandum in Support , #285 Redacted MOTION to Expedite to Compel Alarm.com to Produce Source Code MOTION for Short Form Discovery re: : (Notice generated by CMR Chambers) Motion Hearing set for 11/21/2019 at 02:00 PM in Rm 7.400 before Magistrate Judge Cecilia M. Romero. (cvm)
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Filing 301
ORDER DENYING ALARM.COMS MOTION FOR LEAVE TO FILE REPLY BRIEF - Set Deadlines to #295 MOTION for Protective Order and Memorandum in Support MOTION to Expedite Request for Protective Order and Memorandum in Support .( Motion Hearing set for 11/21/2019 at 02:00 PM in Rm 7.400 before Magistrate Judge Cecilia M. Romero.), Motions Denied #297 MOTION for Leave to File Reply in Further Support of its Motion for Protective Order and Memorandum in Support filed by Alarm.com. See Order for additional details. Signed by Magistrate Judge Cecilia M. Romero on 11/6/19. (jmr)
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Filing 300
ORDER granting #299 Motion for Admission Pro Hac Vice of Matthew J. Boggess for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Cecilia M. Romero on 10/29/19. (jmr)
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Filing 299
MOTION for Admission Pro Hac Vice of Matthew J. Boggess , Registration fee $ 250, receipt number 1088-3404092, filed by Defendant Alarm.com. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Bettilyon, Mark)
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Filing 298
MEMORANDUM in Opposition re #297 MOTION for Leave to File Reply in Further Support of its Motion for Protective Order and Memorandum in Support filed by Plaintiff Vivint. (Manookin, Michael)
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Filing 297
MOTION for Leave to File Reply in Further Support of its Motion for Protective Order and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 296
MEMORANDUM in Opposition re #295 MOTION for Protective Order and Memorandum in Support MOTION to Expedite Request for Protective Order and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1-Declaration of Shawn Cox, #2 Exhibit 2-Securenet's Motion for Judgment as a Matter of Law, #3 Exhibit 3-Letter, #4 Exhibit 4-Letter)(Harris, Kirk)
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Filing 295
MOTION for Protective Order and Memorandum in Support , MOTION to Expedite Request for Protective Order and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Affidavit of Richard J. Stark, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 294
NOTICE of Response and Objection by Vivint re #293 Notice of Supplemental Authority, (Veverka, Charles)
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Filing 293
NOTICE of SUPPLEMENTAL AUTHORITY by Alarm.com re #222 Reply Memorandum/Reply to Response to Motion, #174 MOTION for Partial Summary Judgment and Memorandum in Support of Invalidity (Attachments: #1 Exhibit 1) (Bettilyon, Mark)
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Filing 292
**SEALED DOCUMENT** re #285 Redacted MOTION to Expedite to Compel Alarm.com to Produce Source Code MOTION for Short Form Discovery re: filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 2-SEALED, #2 Exhibit 4-SEALED, #3 Exhibit 5-SEALED)(Manookin, Michael)
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Filing 291
DOCKET TEXT ORDER granting #289 Motion for Leave to File Sealed Document Signed by Magistrate Judge Cecilia M. Romero on 7/1/19. No attached document. (mjw)
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Filing 290
**SEALED DOCUMENT** re #288 Response to Motion, filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Affidavit Declaration of Marc Khadpe In Support, #2 Exhibit One to Declaration of M. Khadpe, #3 Exhibit Two to Declaration of M. Khadpe (Sealed), #4 Affidavit Declaration of David Hutz (Sealed))(Bettilyon, Mark)
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Filing 289
MOTION for Leave to File Sealed Document re #288 Response to Motion, Exhibit Two of Declaration of M. Khadpe and Declaration of David Holtz filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order Text of Proposed Order) Motions referred to Cecilia M. Romero.(Bettilyon, Mark)
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Filing 288
RESPONSE to Motion re #285 Redacted MOTION to Expedite to Compel Alarm.com to Produce Source Code MOTION for Short Form Discovery re: filed by Defendant Alarm.com. (Attachments: #1 Affidavit Declaration of Marc Khadpe in Support, #2 Exhibit One to Declaration of M. Khadpe, #3 Exhibit Two to Declaration of M. Khadpe (Redacted), #4 Affidavit Declaration of David Hutz (Redacted))(Bettilyon, Mark)
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Filing 287
DOCKET TEXT ORDER granting #286 Motion to Seal Document #285 Redacted MOTION to Expedite to Compel Alarm.com to Produce Source Code MOTION for Short Form Discovery. Signed by Magistrate Judge Cecilia M. Romero on 6/28/2019. No attached document. (mas)
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Filing 286
MOTION to Seal Document #285 Redacted MOTION to Expedite to Compel Alarm.com to Produce Source Code MOTION for Short Form Discovery re: filed by Plaintiff Vivint. Motions referred to Cecilia M. Romero.(Manookin, Michael)
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Filing 285
Redacted MOTION to Expedite to Compel Alarm.com to Produce Source Code , MOTION for Short Form Discovery re: filed by Plaintiff Vivint. (Attachments: #1 Exhibit 1 - Vivint First Set of RFP, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - First Quarter Reports, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Meet and Confer, #7 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Manookin, Michael)
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Filing 284
REASSIGNMENT to Newly Appointed Magistrate Judge. Case Reassigned to Magistrate Judge Cecilia M. Romero. Magistrate Judge Brooke C. Wells no longer assigned to the case. Case number will now read 2:15-cv-00392-CW-CMR. Please make changes to document captions accordingly. (jwt)
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Filing 282
REQUEST to Submit for Decision re #255 Sealed Document, #253 Redacted MOTION to Compel Response to Alarm.com's Interrogatory No. 20 and Memorandum in Support MOTION to Expedite Motion to Compel and Memorandum in Support filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 280
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Claim Construction Hearing Motion for Partial Summary Judgment held on 4/3/19 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/28/2019. Redacted Transcript Deadline set for 6/6/2019. Release of Transcript Restriction set for 8/5/2019. (jmr) Modified by removing restricted text on 8/5/2019 (rgj).
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Filing 279
ORDER granting #277 Motion for Admission Pro Hac Vice of Jackie L. Carleton for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 4/26/19. (jmr)
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Filing 278
ORDER granting #276 Motion for Admission Pro Hac Vice of Jonathan D. Mooney for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 4/26/19. (jmr)
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Filing 277
MOTION for Admission Pro Hac Vice of Jackie L. Carleton , Registration fee $ 250, receipt number 1088-3258742, filed by Defendant Alarm.com. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Bettilyon, Mark)
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Filing 276
MOTION for Admission Pro Hac Vice of Jonathan D. Mooney , Registration fee $ 250, receipt number 1088-3258728, filed by Defendant Alarm.com. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Bettilyon, Mark)
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Filing 275
ORDER granting #274 Motion to Withdraw as Attorney. Attorney Teena-Ann V. Sankoorikal withdrawn from case for Alarm.com. Signed by Magistrate Judge Brooke C. Wells on 4/22/19. (jmr)
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Filing 274
MOTION to Withdraw as Attorney Teena-Ann V. Sankoorikal filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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DOCKET TEXT ORDER finding as moot #194 Motion for Hearing. Signed by Judge Clark Waddoups on 4/10/2019. No attached document. (ncw)
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Filing 273
ORDER EXTENDING STAY -For the reasons stated on the record at this hearing, the stay is extended six months-through November 15, 2019. See Order for details. Signed by Judge Clark Waddoups on 4/3/19. (jmr)
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Filing 272
Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 4/3/2019 re #168 Redacted MOTION for Claim Construction and Memorandum in Support filed by Vivint, #174 MOTION for Partial Summary Judgment and Memorandum in Support of Invalidity filed by Alarm.com, Markman Hearing held on 4/3/2019. Discussion and argument heard. The court took the claim construction and summary judgment motions under submission. The parties were in agreement that the previously stayed claims should remain stayed. The court will enter an order to that effect. Court was adjourned. Attorney for Plaintiff: Robert Berezin, Doug McClellan, Melissa Hotze, David Wright, Attorney for Defendant: Richard Stark, Mark Khadpe, Mark Bettilyon, Jonathan Mooney, Emma Kolesar. Court Reporter: Laura Robinson.(tcs)
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Filing 271
ORDER ORDER SETTING PROCEDURES FOR CLAIM CONSTRUCTION AND SUMMARY JUDGMENT HEARING. See order for details. Signed by Judge Clark Waddoups on 4/2/19. (jlw)
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Filing 270
REPLY to Response to Motion re #265 MOTION for Leave to File Supplement Appendix filed by Plaintiff Vivint. (Veverka, Charles)
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Filing 269
MEMORANDUM DECISION denying #265 Motion for Leave to Supplement its Appendix. Vivint has failed to demonstrate excusable neglect. Signed by Judge Clark Waddoups on 4/1/19. (jlw)
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Filing 268
Joint MOTION to Set Procedures for Claim Construction and Summary Judgment Hearing filed by Defendant Alarm.com. Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 267
RESPONSE to Motion re #265 MOTION for Leave to File Supplement Appendix filed by Defendant Alarm.com. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bettilyon, Mark)
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Filing 266
DOCKET TEXT ORDER. On March 27, 2019 Vivint filed a Motion for Leave to Supplement Its Appendix ECF No. 199, (ECF No. 265). Alarm.com is respectfully instructed to respond to this motion on or before 4/1/19 at 11:00 a.m. MST. Signed by Judge Clark Waddoups on 3/27/2019. (ncw)
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Filing 265
MOTION for Leave to File Supplement Appendix filed by Plaintiff Vivint. (Attachments: #1 Exhibit A - Declaration of Arthur Zatarain, PE, #2 Exhibit B - Deposition of Arthur M. Zatarain, #3 Text of Proposed Order) Motions referred to Brooke C. Wells.(Veverka, Charles)
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Filing 264
ORDER re #262 Response for Clarification of Previous Order. The expectations of the parties is correct. The court will not hear argument regarding whether claims 8 and 12 of the '513 patent are indefinite. Please see order for further details. Signed by Judge Clark Waddoups on 3/25/19. (jlw)
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Filing 263
WITHDRAWAL OF MOTION by Defendant Alarm.com re #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support filed by Alarm.com . (Bettilyon, Mark)
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Filing 262
REQUEST for Clarification on the Court's Order re #249 Order on Motion to Stay,,,,, Memorandum Decision,,,,, Terminate Motions,,,,, Set Motion Hearing and R&R Deadlines/Hearings,,,, (Joint) filed by Plaintiff Vivint. (Manookin, Michael)
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Filing 261
NOTICE of Stipulated Claim Construction Term by Vivint (Joint) (Attachments: #1 Exhibit A - Revised Joint Claim Construction Chart) (Manookin, Michael)
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Filing 260
ORDER granting #258 Motion for Leave to File Sealed Document. It is further ORDERED that Vivint's Opposition to Alarm.com's Renewed Motion to Compel No. 20 remain sealed. Signed by Magistrate Judge Brooke C. Wells on 3/14/19. (jmr)
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Filing 259
**SEALED DOCUMENT** re #257 Memorandum in Opposition to Motion, filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Veverka, Charles)
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Filing 258
MOTION for Leave to File Sealed Document re #257 Memorandum in Opposition to Motion, filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Veverka, Charles)
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Filing 257
Redacted MEMORANDUM in Opposition re #253 Redacted MOTION to Compel Response to Alarm.com's Interrogatory No. 20 and Memorandum in Support MOTION to Expedite Motion to Compel and Memorandum in Support filed by Plaintiff Vivint. (Veverka, Charles)
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Filing 256
ORDER GRANTING DEFENDANT'S MOTION FOR LEAVE TO FILE UNDER SEAL ALARM.COM INCORPORATED'S RENEWED MOTION TO COMPEL RESPONSE TO ALARM.COM INTERROGATORY NO. 20 AND EXHIBITS B AND C THERETO -granting #254 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Brooke C. Wells on 3/8/19. (jmr)
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Filing 255
**SEALED DOCUMENT** re #253 Redacted MOTION to Compel Response to Alarm.com's Interrogatory No. 20 and Memorandum in Support MOTION to Expedite Motion to Compel and Memorandum in Support filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A, #2 Exhibit B (Sealed), #3 Exhibit C (Sealed), #4 Text of Proposed Order)(Bettilyon, Mark)
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Filing 254
MOTION for Leave to File Sealed Document re #253 Redacted MOTION to Compel Response to Alarm.com's Interrogatory No. 20 and Memorandum in Support MOTION to Expedite Motion to Compel and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 253
Redacted MOTION to Compel Response to Alarm.com's Interrogatory No. 20 and Memorandum in Support , MOTION to Expedite Motion to Compel and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Exhibit A, #2 Exhibit B (Redacted), #3 Exhibit C (Redacted), #4 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 251
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on November 28, 2018 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/28/2019. Redacted Transcript Deadline set for 2/7/2019. Release of Transcript Restriction set for 4/8/2019. (jmr) Modified by removing restricted text on 4/8/2019 (rgj).
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Filing 250
NOTICE of of Federal Circuit Decision by Vivint re #249 Order on Motion to Stay,,,,, Memorandum Decision,,,,, Terminate Motions,,,,, Set Motion Hearing and R&R Deadlines/Hearings,,,, (Attachments: #1 Exhibit A-Federal Circuit Decision) (Harris, Kirk)
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Filing 249
MEMORANDUM DECISION AND ORDER GRANTING IN PART ALARM.COM'S MOTION TO STAY-granting in part #235 Motion to Stay for upto and including 5/15/19 ; re #168 Redacted MOTION for Claim Construction and Memorandum in Support , #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support , #174 MOTION for Partial Summary Judgment and Memorandum in Support of Invalidity ; Motions terminated: #235 MOTION to Stay and Memorandum in Support Pending Conclusion of Ex Parte Reexamination Proceedings filed by Alarm.com.; Set Deadlines as to #168 Redacted MOTION for Claim Construction and Memorandum in Support , #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support , #174 MOTION for Partial Summary Judgment and Memorandum in Support of Invalidity.( Motion Hearing set for 4/3/2019 at 10:00 AM in Rm 8.100 before Judge Clark Waddoups.) See Order for details. Signed by Judge Clark Waddoups on 12/7/18. (jmr)
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Filing 248
NOTICE of Withdrawal of Its Motion to Compel Response to Alarm.com Interrogatory No. 20 by Alarm.com re #236 Redacted MOTION to Compel Response to Alarm.com Interrogatory No. 20 (Bettilyon, Mark)
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Filing 247
Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 11/28/2018 re #235 MOTION to Stay and Memorandum in Support Pending Conclusion of Ex Parte Reexamination Proceedings filed by Alarm.com. Discussion and argument heard on the motion to stay. The court took the matter under advisement and will issue a written decision as soon as possible. Attorney for Plaintiff: Robert Berezin, David Wright, Rex Sears, Douglas McClellan, Attorney for Defendant: Richard Stark, Mark Bettilyon, Mark Khadpe. Court Reporter: Laura Robinson.(tcs)
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Filing 246
MEMORANDUM in Opposition re #236 Redacted MOTION to Compel Response to Alarm.com Interrogatory No. 20 filed by Plaintiff Vivint. (Attachments: #1 Exhibit A-Email Correspondence, #2 Text of Proposed Order )(Veverka, Charles)
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Filing 245
AMENDED NOTICE OF HEARING ON MOTION: Per the order at #244 , the Motion Hearing set for 11/28/2018 at 01:30 PM in Rm 8.100 before Judge Clark Waddoups will only address #235 MOTION to Stay and Memorandum in Support Pending Conclusion of Ex Parte Reexamination Proceedings. (tcs)
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Filing 244
ORDER CONVERTING HEARING ON Claim Construction and Alarm.com's Motions for Partial Summary Judgment into a Hearing on Motion #235 MOTION to Stay and Memorandum in Support Pending Conclusion of Ex Parte Reexamination Proceedings : Motion Hearing set for 11/28/2018 at 01:30 PM before Judge Clark Waddoups. The November 28, 2018 hearing on claim construction and Alarm.coms two Motions for Partial Summary is HEREBY POSTPONED pending the resolution of Alarm.coms Motion to Stay. Signed by Judge Clark Waddoups on 11/20/18. (jlw)
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Filing 243
REPLY to Response to Motion re #235 MOTION to Stay and Memorandum in Support Pending Conclusion of Ex Parte Reexamination Proceedings filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 242
MEMORANDUM DECISION AND ORDER-denying #230 Motion to Compel; Motions terminated: #230 MOTION to Compel Alarm.com to Appear for 30(b)(6) Depositions and Memorandum in Support filed by Vivint. See Order for details. Signed by Magistrate Judge Brooke C. Wells on 11/15/18. (jmr)
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Filing 241
MEMORANDUM in Opposition re #235 MOTION to Stay and Memorandum in Support Pending Conclusion of Ex Parte Reexamination Proceedings filed by Plaintiff Vivint. (Harris, Kirk)
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Filing 240
Motions No Longer Referred: #235 MOTION to Stay and Memorandum in Support Pending Conclusion of Ex Parte Reexamination Proceedings. This motion will be heard by the District Judge. (mjw)
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Filing 239
ORDER GRANTING DEFENDANTS MOTION FOR LEAVE TO FILE UNDER SEAL ALARM.COM INCORPORATEDS MOTION TO COMPEL RESPONSE TO ALARM.COM INTERROGATORY NO. 20 AND EXHIBIT A THERETO-granting #237 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Brooke C. Wells on 11/14/18. (jmr)
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Filing 238
*SEALED DOCUMENT* SEALED MOTION for Leave to Filed Sealed Document re #236 Redacted MOTION to Compel Response to Alarm.com Interrogatory No. 20 (NOTE: Filer is instructed to serve the sealed document on all other parties) filed by Defendant Alarm.com. (Attachments: #1 Exhibit A (Unredacted)) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 237
MOTION for Leave to File Sealed Document re #236 Redacted MOTION to Compel Response to Alarm.com Interrogatory No. 20 filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 236
Redacted MOTION to Compel Response to Alarm.com Interrogatory No. 20 filed by Defendant Alarm.com. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B, #3 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 235
MOTION to Stay and Memorandum in Support Pending Conclusion of Ex Parte Reexamination Proceedings filed by Defendant Alarm.com. Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 234
DOCKET TEXT ORDER. On November 6, 2018, Defendant Alarm.com filed a Notice of Supplemental Authority. (ECF No. 233.) In this Notice, Alarm.com stated that "[s]ince the Joint Status Report was filed, there have been further developments in... concurrent proceedings" "affecting the claims asserted in this case." (See ECF No. 233 at 2.) Specifically, "[o]n October 30, 2018, and November 5, 2018, the" Patent and Trademark Office "issued final office actions in the ex parte reexaminations of" the '513 Patent and the '601 Patent. (ECF No. 233 at 2.) The result of these final office actions was that "nine claims at issue in this case" "were rejected as unpatentable in view of the prior art." (ECF No. 233 at 2.) According to Alarm.com, Plaintiff Vivint will "seek to overturn the rejections, including through appeals to the PTAB and the Federal Circuit." (ECF No. 233 at 4.) "In view of this, Alarm.com intends to file a motion to stay the case...." (ECF No. 233 at 4.) The court respectfully instructs Alarm.com to file its Motion to Stay on or before November 12th, 2018. The court respectfully instructs Vivint to file its Response on or before November 16th, 2018. Signed by Judge Clark Waddoups on 11/7/2018. (ncw)
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Filing 233
NOTICE of SUPPLEMENTAL AUTHORITY by Alarm.com re #171 Brief, #174 MOTION for Partial Summary Judgment and Memorandum in Support of Invalidity (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Bettilyon, Mark)
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Filing 232
REQUEST to Submit for Decision re #230 MOTION to Compel Alarm.com to Appear for 30(b)(6) Depositions and Memorandum in Support filed by Plaintiff Vivint. (Veverka, Charles)
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Filing 231
MEMORANDUM in Opposition re #230 MOTION to Compel Alarm.com to Appear for 30(b)(6) Depositions and Memorandum in Support filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 230
MOTION to Compel Alarm.com to Appear for 30(b)(6) Depositions and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) Motions referred to Brooke C. Wells.(Harris, Kirk)
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Filing 229
Motions No Longer Referred: #224 MOTION for Hearing re #194 MOTION for Hearing re Claim Construction Pursuant to Local Patent Rule 4.3 , #215 Order on Motion for Extension of Time to File Response/Reply,, Order on Motion for Leave to File, . This matter is set before Judge Waddoups. (mjw)
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Filing 228
AMENDED NOTICE OF HEARING ON MOTION re: #168 Redacted MOTION for Claim Construction and Memorandum in Support , #194 MOTION for Hearing re Claim Construction Pursuant to Local Patent Rule 4.3 , #224 MOTION for Hearing re #194 MOTION for Hearing re Claim Construction Pursuant to Local Patent Rule 4.3 , #215 Order on Motion for Extension of Time to File Response/Reply,, Order on Motion for Leave to File, , #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support , #174 MOTION for Partial Summary Judgment and Memorandum in Support of Invalidity : Motion Hearing previously set for 11/28/2018 at 03:00 PM is HEREBY RESET for 1:30 PM in Rm 8.100 before Judge Clark Waddoups. (ncw)
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Filing 227
ORDER granting Vivint's #200 Motion to Seal Document. Signed by Judge Clark Waddoups on 9/25/18. (jmr)
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Filing 226
ORDER granting Defendant's #178 Motion for Leave to File Sealed Document. Signed by Judge Clark Waddoups on 9/25/18. (jmr)
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Filing 225
NOTICE OF HEARING ON MOTION re: #168 Redacted MOTION for Claim Construction and Memorandum in Support , #194 MOTION for Hearing re Claim Construction Pursuant to Local Patent Rule 4.3 , #224 MOTION for Hearing re #194 MOTION for Hearing re Claim Construction Pursuant to Local Patent Rule 4.3 , #215 Order on Motion for Extension of Time to File Response/Reply,, Order on Motion for Leave to File, , #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support , #174 MOTION for Partial Summary Judgment and Memorandum in Support of Invalidity : Motion Hearing set for 11/28/2018 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. (ncw)
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Filing 224
MOTION for Hearing re #194 MOTION for Hearing re Claim Construction Pursuant to Local Patent Rule 4.3 , #215 Order on Motion for Extension of Time to File Response/Reply,, Order on Motion for Leave to File, filed by Plaintiff Vivint. Motions referred to Brooke C. Wells.(Manookin, Michael)
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Filing 223
ORDER GRANTING DEFENDANT'S MOTION FOR LEAVE TO FILE UNDER SEAL ALARM.COM INCORPORATED'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDMENT OF NONALARM.COM INC., INFRINGEMENTgranting #220 Motion for Leave to File Sealed Document. Signed by Judge Clark Waddoups on 9/21/18. (jmr)
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Filing 222
REPLY to Response to Motion re #174 MOTION for Partial Summary Judgment and Memorandum in Support of Invalidity filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 221
**SEALED DOCUMENT** re #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A - Declaration of David Hutz, #2 Exhibit B - Amended Claim Charts, #3 Exhibit C - Deposition Transcript of Richard Kramer)(Bettilyon, Mark)
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Filing 220
MOTION for Leave to File Sealed Document re #219 Reply Memorandum/Reply to Response to Motion, filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 219
Redacted REPLY to Response to Motion re #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal)(Bettilyon, Mark)
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Filing 218
RESPONSE re #217 Reply Brief, filed by Vivint. (Veverka, Charles)
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Filing 217
REPLY BRIEF Concerning Expert Testimony filed by Defendant Alarm.com. (Attachments: #1 Exhibit A - Deposition Transcript of Mr. McAlexander)(Bettilyon, Mark)
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Filing 216
Motions No Longer Referred: #194 MOTION for Hearing re Claim Construction Pursuant to Local Patent Rule 4.3 , #200 MOTION to Seal Document #199 Appendix,, #198 Memorandum in Opposition to Motion . These matters pertain to issues before Judge Waddoups. (mjw)
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Filing 215
ORDER GRANTING LEAVE TO FILE REPLY CLAIM CONSTRUCTION BRIEFS AND TO EXTEND TIME FOR DEFENDANT TO FILE REPLY MEMORANDA-granting #212 Motion for Extension of Time to File Response/Reply ; granting #212 Motion for Leave to File. See Order for details. Signed by Judge Clark Waddoups on 9/4/18. (jmr)
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Filing 214
ORDER GRANTING VIVINT, INC'S UNOPPOSED MOTION FOR LEAVE TO AMEND FINAL INFRINGMENT CONTENTIONS-granting #211 Motion to Amend/Correct Final Infringement Contentions (Unopposed). See Order for details. Signed by Judge Clark Waddoups on 9/4/18. (jmr)
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Filing 213
ORDER granting #210 Motion for Extension of Time to Complete Discovery. Close of fact discovery before claim construction now due 12/7/18. Signed by Judge Clark Waddoups on 9/4/18. (jmr)
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Filing 212
Stipulated MOTION for Extension of Time to File Response/Reply Memoranda, Stipulated MOTION for Leave to File Reply Claim Construction Briefs filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 211
MOTION to Amend/Correct and Memorandum in Support Final Infringement Contentions (Unopposed) filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Veverka, Charles)
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Filing 210
Stipulated MOTION for Extension of Time to Complete Discovery filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 209
Alarm.com Incorporated's Tutorial BRIEF filed by Defendant Alarm.com. (Attachments: #1 Certificate of Service)(Bettilyon, Mark)
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Filing 208
NOTICE OF CONVENTIONAL FILING of Vivint, Inc.'s Claim Construction Tutorial filed by Plaintiff Vivint (Veverka, Charles)
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Filing 207
NOTICE of Appearance by Lannie Rex Sears on behalf of Vivint (Sears, Lannie)
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Filing 206
STATUS REPORT Joint (LPR 4.2 (f))(Corrected) by Vivint. (Attachments: #1 Joint Claim Construction Chart)(Veverka, Charles)
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Filing 205
STATUS REPORT Joint (LPR 4.2 (f)) by Vivint. (Attachments: #1 Joint Claim Construction Chart)(Veverka, Charles)
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Filing 204
APPENDIX to #203 Memorandum in Opposition to Motion filed by Plaintiff Vivint . (Attachments: #1 Exhibit A-Petition for IPR, #2 Exhibit B-Petition Reply, #3 Exhibit C-Decl of Rhyne, #4 Exhibit D-Declaration of McAlexander)(Veverka, Charles)
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Filing 203
MEMORANDUM in Opposition re #174 MOTION for Partial Summary Judgment and Memorandum in Support of Invalidity filed by Plaintiff Vivint. (Veverka, Charles)
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Filing 202
**SEALED DOCUMENT** re #201 Sealed Document, filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 1-Deposition Transcript, #2 Exhibit 2-Deposition Transcript, #3 Exhibit 3-Deposition Transcript, #4 Exhibit 5-Email, #5 Exhibit 6-Alarm Document, #6 Exhibit 7-Email, #7 Exhibit 8-Alarm Document, #8 Exhibit 9-Email, #9 Exhibit 10-Declaration of Richard Kramer)(Veverka, Charles)
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Filing 201
**SEALED DOCUMENT** re #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Veverka, Charles)
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Filing 200
MOTION to Seal Document #199 Appendix,, #198 Memorandum in Opposition to Motion filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Veverka, Charles)
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Filing 199
APPENDIX to #198 Memorandum in Opposition to Motion filed by Plaintiff Vivint (Redacted). (Attachments: #1 Exhibit 1-Deposition Transcript Filed Under Seal, #2 Exhibit 2-Deposition Transcript Filed Under Seal, #3 Exhibit 3-Deposition Transcript Filed Under Seal, #4 Exhibit 4-Deposition Exhibit, #5 Exhibit 5-Email Filed Under Seal, #6 Exhibit 6-Alarm Document File Under Seal, #7 Exhibit 7-Email Filed Under Seal, #8 Exhibit 8-Alarm Document Filed Under Seal, #9 Exhibit 9-Email File Under Seal, #10 Exhibit 10-Redacted Declaration of Richard Kramer)(Veverka, Charles)
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Filing 198
Redacted MEMORANDUM in Opposition re #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff Vivint. (Veverka, Charles)
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Filing 197
**SEALED DOCUMENT** re #191 Response to Motion, #196 Appendix, #188 Order on Motion for Leave to File Sealed Document, filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Veverka, Charles)
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Filing 196
APPENDIX to #191 Response to Motion, #188 Order on Motion for Leave to File Sealed Document, filed by Plaintiff Vivint (Redacted). (Veverka, Charles)
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Filing 195
RESPONSE to Motion re #171 Claim Construction Brief #168 Redacted MOTION for Claim Construction and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Appendix )(Bettilyon, Mark) Modified on 8/6/2018-Linked to the wrong document. Should have been linked to #171 (jmr).
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Filing 194
MOTION for Hearing re Claim Construction Pursuant to Local Patent Rule 4.3 filed by Plaintiff Vivint. Motions referred to Brooke C. Wells.(Veverka, Charles)
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Filing 193
**SEALED DOCUMENT** re #192 Appendix, #188 Order on Motion for Leave to File Sealed Document, filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Veverka, Charles)
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Filing 192
APPENDIX to #191 Response to Motion, #188 Order on Motion for Leave to File Sealed Document, filed by Plaintiff Vivint (Redacted). (Veverka, Charles)
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Filing 191
RESPONSE to Motion re #168 Redacted MOTION for Claim Construction and Memorandum in Support filed by Plaintiff Vivint. (Veverka, Charles)
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Filing 190
ORDER GRANTING MOTION FOR LEAVE TO EXTEND PAGE LIMIT FOR RESPONSIVE CLAIM CONSTRUCTION BRIEFS-granting #187 Motion for Leave to File Excess Pages for Responsive Claim Construction Briefs from twenty-five (25) to thirty (30) pages. Signed by Judge Clark Waddoups on 7/27/18. (jmr)
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Filing 189
ORDER GRANTING MOTION TO EXTEND CLAIM CONSTRUCTION PROCEEDINGS-granting #186 Motion for Extension of Time. See Order for details and deadlines. Signed by Judge Clark Waddoups on 7/27/18. (jmr)
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Filing 188
ORDER granting Vivint, Inc.'s #170 Motion for Leave to File Sealed Document. It is furtherORDERED that Vivint, Inc.'s Cross-Motion for Claim Construction and pages 322 through 333 of Vivint's Claim Construction Appendix will remain sealed until further order of the Court, if any. Signed by Judge Clark Waddoups on 7/27/18. (jmr)
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Filing 187
Stipulated MOTION for Leave to File Excess Pages filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 186
Stipulated MOTION for Extension of Time of Claim Construction Proceedings filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 185
NOTICE OF WITHDRAWAL OF COUNSEL of Jeremy Jason Lang filed by Kirk R. Harris on behalf of Vivint (Harris, Kirk)
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Filing 184
ORDER GRANTING STIPULATED MOTION TO MODIFY CLAIM CONSTRUCTION BRIEFING DEADLINES AND FACT DISCOVERY CUTOFF- Motion Granted #183 Stipulated MOTION for Extension of Time of Claim Construction Briefing and Fact Discovery Cutoff filed by Vivint. ( Fact Discovery due by 8/31/2018.) See Order for additional details and deadlines. Signed by Judge Clark Waddoups on 6/15/18. (jmr)
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Filing 183
Stipulated MOTION for Extension of Time of Claim Construction Briefing and Fact Discovery Cutoff filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Harris, Kirk)
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Filing 182
Motions No Longer Referred: #170 MOTION for Leave to File Sealed Document re #168 Redacted MOTION for Claim Construction and Memorandum in Support , #169 Appendix District Judge will handle this motion (mjw)
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Filing 181
Motions No Longer Referred: #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support , #168 Redacted MOTION for Claim Construction and Memorandum in Support , #178 MOTION for Leave to File Sealed Document re #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support , #177 Appendix., District Judge will handle these motions (mjw)
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Filing 180
**SEALED DOCUMENT** re #177 Appendix, filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Bettilyon, Mark)
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Filing 179
**SEALED DOCUMENT** re #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Bettilyon, Mark)
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Filing 178
MOTION for Leave to File Sealed Document re #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support , #177 Appendix, filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 177
APPENDIX to #176 Redacted MOTION for Partial Summary Judgment and Memorandum in Support , #171 Brief, #174 MOTION for Partial Summary Judgment and Memorandum in Support of Invalidity filed by Defendant Alarm.com (Redacted). (Bettilyon, Mark)
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Filing 176
Redacted MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 175
APPENDIX to #171 Brief, #168 Redacted MOTION for Claim Construction and Memorandum in Support filed by Plaintiff Vivint (Joint Claim Construction Appendix). (Attachments: #1 Appendix (Part 2))(Veverka, Charles)
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Filing 174
MOTION for Partial Summary Judgment and Memorandum in Support of Invalidity filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 173
**SEALED DOCUMENT** re #169 Appendix, #170 MOTION for Leave to File Sealed Document re #168 Redacted MOTION for Claim Construction and Memorandum in Support , #169 Appendix filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Veverka, Charles)
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Filing 172
**SEALED DOCUMENT** re #168 Redacted MOTION for Claim Construction and Memorandum in Support , #170 MOTION for Leave to File Sealed Document re #168 Redacted MOTION for Claim Construction and Memorandum in Support , #169 Appendix filed by Plaintiff VivintNOTE: Filer is instructed to serve the sealed document on all other parties.. (Veverka, Charles)
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Filing 171
Opening Claim Construction BRIEF filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 170
MOTION for Leave to File Sealed Document re #168 Redacted MOTION for Claim Construction and Memorandum in Support , #169 Appendix filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Veverka, Charles)
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Filing 169
APPENDIX to #168 Redacted MOTION for Claim Construction and Memorandum in Support filed by Plaintiff Vivint (Redacted). (Veverka, Charles)
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Filing 168
Redacted MOTION for Claim Construction and Memorandum in Support filed by Plaintiff Vivint. Motions referred to Brooke C. Wells.(Veverka, Charles)
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Filing 167
ORDER GRANTING MOTION TO EXTEND CLAIM CONSTRUCTION PROCEEDINGS-granting #165 Motion for Extension of Time. Parties file Cross-Motions for Claim Construction and Joint Appendix by 6/6/18. Deadline to file dispositive motions required to be filed with claim construction by 6/6/18. Signed by Judge Clark Waddoups on 6/6/18. (jmr)
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Filing 166
Motions No Longer Referred: #165 Stipulated MOTION for Extension of Time Regarding Claim Construction Proceedings. District Judge will handle this motion. (ncw)
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Filing 165
Stipulated MOTION for Extension of Time Regarding Claim Construction Proceedings filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 164
ORDER granting #163 Motion for Leave to File Excess Pages. The court GRANTS the Stipulated Motion for Leave to Extend the Page Limit for Cross Motions for Claim Construction from twenty-five (25) to thirty (30) pages. Signed by Magistrate Judge Brooke C. Wells on 6/5/18. (jmr)
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Filing 163
Stipulated MOTION for Leave to File Excess Pages and Memorandum in Support FOR CROSS MOTIONS FOR CLAIM CONSTRUCTION filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 162
ORDER granting #161 Stipulated Motion to Extend Claim Construction Proceedings. See order for further details. Signed by Magistrate Judge Brooke C. Wells on 6/1/18. (jlw)
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Set/Reset Deadlines: Dispositive Motions due by 6/5/2018. Deadline to file opposition to dispositive motions 7/10/2018. Deadline to file reply 8/6/18. (jlw)
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Filing 161
Stipulated MOTION for Extension of Time Regarding Claim Construction Proceedings filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 160
NOTICE OF WITHDRAWAL OF COUNSEL of Daniel A. Richards filed by Mark K. Khadpe on behalf of Alarm.com (Khadpe, Mark)
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Filing 159
NOTICE OF WITHDRAWAL OF COUNSEL of Max W. Abend filed by Mark K. Khadpe on behalf of Alarm.com (Khadpe, Mark)
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Filing 158
NOTICE OF WITHDRAWAL OF COUNSEL of David F. Lisner filed by Mark K. Khadpe on behalf of Alarm.com (Khadpe, Mark)
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Filing 157
NOTICE VACATING Status Rpt. and Scheduling Conf. HEARING set for 5/10/2018 at 2:45 PM before Judge Clark Waddoups. (tcs)
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Filing 156
WITHDRAWAL OF MOTION by Defendant Alarm.com re #152 Redacted MOTION to Compel Vivint, Inc. to Make JT Hwang Available for Deposition to Answer Questions Concerning the IPO or Sale of Vivint and Memorandum in Support MOTION to Expedite Short Form Motion to Compel and Memorandum in Support filed by Alarm.com . (Bettilyon, Mark)
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Filing 155
ORDER granting #153 Motion for Leave to File Sealed Document. See Order for details. Signed by Magistrate Judge Brooke C. Wells on 4/11/18. (jmr)
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Filing 154
**SEALED DOCUMENT** re #152 Redacted MOTION to Compel Vivint, Inc. to Make JT Hwang Available for Deposition to Answer Questions Concerning the IPO or Sale of Vivint and Memorandum in Support MOTION to Expedite Short Form Motion to Compel and Memorandum in Support filed by Defendant Alarm.comNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 1 - Excerpts from JT Hwang Deposition Transcript, #2 Exhibit 2 - Amended Infringement Contentions, #3 Exhibit 3 - Letter from R. Lamorte to K. Harris)(Bettilyon, Mark)
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Filing 153
MOTION for Leave to File Sealed Document re #152 Redacted MOTION to Compel Vivint, Inc. to Make JT Hwang Available for Deposition to Answer Questions Concerning the IPO or Sale of Vivint and Memorandum in Support MOTION to Expedite Short Form Motion to Compel and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 152
Redacted MOTION to Compel Vivint, Inc. to Make JT Hwang Available for Deposition to Answer Questions Concerning the IPO or Sale of Vivint and Memorandum in Support , MOTION to Expedite Short Form Motion to Compel and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Exhibit 1 - FILED UNDER SEAL, #2 Exhibit 2 - Amended Infringement Contentions, #3 Exhibit 3 - Letter from R. Lamorte to K. Harris) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 151
NOTICE OF WITHDRAWAL OF COUNSEL of Roger G. Brooks filed by Roger G. Brooks on behalf of Alarm.com (Brooks, Roger)
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Filing 150
ORDER granting #149 Motion for Amended Scheduling Order: close of Fact Discovery 6/15/18; Exchange of proposed claim terms due by 4/6/18; Dispositive Motions due by 6/1/2018; Opposition to motions due by 7/6/18; Replies to dispositive motions due by 8/2/18; See order for further details. Signed by Magistrate Judge Brooke C. Wells on 3/13/18. (jlw)
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Filing 149
MOTION for Amended Scheduling Order to Include an Extension of Time Discovery and Claim Construction Proceedings filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark) Modified on 3/13/2018 by changing from motion for extension of time to motion for amended scheduling order(jlw).
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Filing 148
ORDER granting #147 Motion for Admission Pro Hac Vice of Rachel J. Lamorte for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 2/8/18. (jmr)
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Filing 147
MOTION for Admission Pro Hac Vice of Rachel J. Lamorte , Registration fee $ 250, receipt number 1088-2935583, filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - APPLICATION FOR ADMISSION PRO HAC VICE, #3 Exhibit 2 ELECTRONIC CASE FILING REGISTRATION FORM)(Bettilyon, Mark)
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Filing 146
WITHDRAWAL OF MOTION by Plaintiff Vivint re #138 MOTION for Short Term Discovery re: Compel Production of iControl Acquisition Documents MOTION to Expedite filed by Vivint, #139 MOTION for Short Term Discovery re: Compel Production of iControl Technical Documents MOTION to Expedite filed by Vivint . (Harris, Kirk)
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Filing 144
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on January 17, 2018 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2018. Redacted Transcript Deadline set for 3/9/2018. Release of Transcript Restriction set for 5/7/2018. (jmr) Modified by removing restricted text on 5/7/2018 (rks).
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Filing 143
ORDER granting Stipulated #141 Motion for Extension of Time to File Response/Reply re #141 Stipulated MOTION for Extension of Time to File Response/Reply as to #139 MOTION for Short Term Discovery re: Compel Production of iControl Technical Documents MOTION to Expedite and Memorandum in Support . Responses due by 2/6/2018 Signed by Magistrate Judge Brooke C. Wells on 2/5/18. (jmr)
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Filing 142
ORDER granting #138 Stipulated #140 Motion to Respond to for Short Term Discovery; granting #138 Motion to Expedite. IT IS HEREBY ORDERED that the time for Defendant Alarm.com to respond to Plaintiff's Short Form Motion to Compel Alarm.com to Produce iControl Acquisition Documents (Dkt. No. 138) is extended until February 6, 2018. Signed by Magistrate Judge Brooke C. Wells on 2/5/18. (jmr) Modified on 2/5/2018-Order should have granted Stipulated Motion #140 (jmr).
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Filing 141
Stipulated MOTION for Extension of Time to File Response/Reply as to #139 MOTION for Short Term Discovery re: Compel Production of iControl Technical Documents MOTION to Expedite and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 140
Stipulated MOTION for Extension of Time to File Response/Reply as to #138 MOTION for Short Term Discovery re: Compel Production of iControl Acquisition Documents MOTION to Expedite and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 139
MOTION for Short Term Discovery re: Compel Production of iControl Technical Documents , MOTION to Expedite filed by Plaintiff Vivint. (Attachments: #1 Exhibit A-Certification, #2 Exhibit B-Jury Instruction, #3 Exhibit C-Request for Production, #4 Exhibit D-2015 10-k filing, #5 Exhibit E-2016 10-k filing, #6 Exhibit F-Press Release, #7 Text of Proposed Order) Motions referred to Brooke C. Wells.(Harris, Kirk)
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Filing 138
MOTION for Short Term Discovery re: Compel Production of iControl Acquisition Documents , MOTION to Expedite filed by Plaintiff Vivint. (Attachments: #1 Exhibit A-Certification, #2 Exhibit B-Press Release, #3 Exhibit C-Jury Instruction, #4 Exhibit D-Request for Production, #5 Exhibit E-Press Release, #6 Text of Proposed Order) Motions referred to Brooke C. Wells.(Harris, Kirk) Modified on 2/5/2018-untermed (jmr).
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Filing 137
ORDER GRANTING DEFENDANTS MOTION TO AMEND FINAL INVALIDITY AND UNENFORCEABILITYCONTENTIONS- granting #121 Motion to Amend/Correct. Signed by Judge Clark Waddoups on 1/17/18. (jmr)
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Filing 136
Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 1/17/2018 re #121 MOTION to Amend/Correct and Memorandum in Support Final Invalidity and Unenforceability Contentions filed by Alarm.com. Discussion and argument heard on defendant's motion. For the reasons stated on the record, the court GRANTS the motion; defendant's amended/corrected final invalidity and unenforceability contentions are allowed. The court is also willing to entertain a well supported motion from plaintiff for additional narrowly expanded discovery to address defendant's changes if needed. A written order will follow. Court was adjourned. Attorney for Plaintiff: David Wright, Rex Sears, Kirk Harris, Attorney for Defendant: Richard Stark, Mark Bettilyon, Michael Zaken. Court Reporter: Laura Robinson.(tcs)
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Filing 135
NOTICE of Change of Address by David R. Wright (Wright, David)
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Filing 134
AMENDED NOTICE OF HEARING: (Notice generated by MAN) The court has extended the dispositive motions deadline in this case to 5/3/2018 (See #133 ). If the parties do not intend to file dispositive or potentially dispositive motions, a Status/Scheduling Conference will be held for purpose of discussing a trial date on 5/10/2018 at 02:45 PM in Rm 8.100 before Judge Clark Waddoups. (man)
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Deadlines/Hearings terminated. Per 134 , Status Conference set for 1/29/2018 is CANCELLED and RESET to 5/10/2018 at 2:45 p.m. (man)
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Filing 133
ORDER granting Stipulated #129 Motion for Extension of Time/to Extend Discovery. See Order for deadlines. Signed by Magistrate Judge Brooke C. Wells on 11/20/17. (jmr)
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Filing 132
SECOND AMENDED NOTICE OF HEARING ON MOTION re: #121 MOTION to Amend/Correct and Memorandum in Support Final Invalidity and Unenforceability Contentions (Notice generated by MAN): Motion Hearing reset for 1/17/2018 at 03:30 PM in Rm 8.100 before Judge Clark Waddoups. (man)
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Filing 131
DOCKET TEXT ORDER GRANTING #130 Stipulated Motion to Vacate Motion Hearing. The Court has reviewed and considered the parties stipulated motion #130 to vacate the hearing currently set for November 29, 2017 on Defendant Alarm.com's #121 Motion to Amend/Correct and Memorandum in Support Final Invalidity and Unenforceability Contentions. The Court understands that the parties have requested the vacatur because they are exploring the possibility of settlement and have asked the Court in a separate filing (ECF No. #129 ) to extend the current case schedule (ECF No. #117 ) to accommodate such discussions. The Court further understands that the parties have requested the hearing be reset to take place on or after January 15, 2018. The Court finds good cause to vacate and reset the hearing. An amended notice of hearing will follow this order. Signed by Judge Clark Waddoups on 11/20/17. No attached document. (man)
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Filing 130
Stipulated MOTION to Vacate 128 Notice of Hearing on Motion, to Amend Invalidity Contentions and Reset Hearing Date filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order)(Harris, Kirk)
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Filing 129
Stipulated MOTION for Extension of Time Discovery filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Harris, Kirk)
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Filing 128
AMENDED NOTICE OF HEARING ON MOTION re: #121 MOTION to Amend/Correct and Memorandum in Support Final Invalidity and Unenforceability Contentions (Notice generated by MAN): Motion Hearing reset for 11/29/2017 at 10:00 AM in Rm 8.100 before Judge Clark Waddoups. (man)
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Filing 127
NOTICE OF HEARING ON MOTION re: #121 MOTION to Amend/Correct and Memorandum in Support Final Invalidity and Unenforceability Contentions (Notice generated by MAN): Motion Hearing set for 11/1/2017 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. (man)
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Filing 126
REPLY to Response to Motion re #121 MOTION to Amend/Correct and Memorandum in Support Final Invalidity and Unenforceability Contentions filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 125
Motions No Longer Referred: #121 MOTION to Amend/Correct and Memorandum in Support Final Invalidity and Unenforceability Contentions. District Judge will handle Motion. (man)
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Filing 124
MEMORANDUM in Opposition re #121 MOTION to Amend/Correct and Memorandum in Support Final Invalidity and Unenforceability Contentions filed by Plaintiff Vivint. (Wright, David)
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Filing 123
ORDER Granting Stipulation to Modify Briefing Schedule for Motion to Amend Contentions- granting Stipulated #122 Motion for Extension of Time. See Order for details. Signed by Magistrate Judge Brooke C. Wells on 9/6/17. (jmr)
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Filing 122
Stipulated MOTION for Extension of Time to Respond to Motion and File Reply filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Harris, Kirk)
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Filing 121
MOTION to Amend/Correct and Memorandum in Support Final Invalidity and Unenforceability Contentions filed by Defendant Alarm.com. Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 120
NOTICE OF WITHDRAWAL OF COUNSEL of Shaunda L. McNeill filed by Shaunda L. McNeill on behalf of Vivint (McNeill, Shaunda)
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Filing 119
NOTICE OF WITHDRAWAL OF COUNSEL of Brent O. Hatch filed by Brent O. Hatch on behalf of Vivint (Hatch, Brent)
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Filing 118
AMENDED NOTICE OF HEARING: (Notice generated by MAN) Status Conference, in the event the parties do not file dispositive motions, reset for 1/29/2018 at 02:45 PM in Rm 8.100 before Judge Clark Waddoups. ***Please note change in time only.*** (man)
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Filing 117
ORDER STRIKING STATUS CONFERENCE, LIFTING THE STAY AND ENTERING SCHEDULING ORDER-Based upon the parties' agreement it is hereby ordered that the status conference set for Wednesday June 28, 2017 is STRICKEN. IT IS FURTHER ORDERED that the stay is LIFTED. Finally, it is ORDERED that the scheduling order set forth above will govern this matter at this time. IT IS SO ORDERED. Signed by Magistrate Judge Brooke C. Wells on 6/26/17. (jmr)
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Filing 116
Joint RESPONSE re #112 Order, filed by Vivint. (Wright, David)
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Filing 115
ORDER granting #113 Motion for Admission Pro Hac Vice of Michael J. Zaken for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 6/15/2017. (blh)
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Filing 114
NOTICE of Appearance by David R. Marriott on behalf of Alarm.com (Marriott, David)
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Filing 113
MOTION for Admission Pro Hac Vice of Michael J. Zaken , Registration fee $ 250, receipt number 1088-2775748, filed by Defendant Alarm.com. (Attachments: #1 Exhibit 1 - Application, #2 Exhibit 2 - Electronic Case Filing Registration Form, #3 Text of Proposed Order)(Bettilyon, Mark)
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Filing 112
ORDER re: Status Conference set for 6/28/2017 at 2:00 PM. Signed by Magistrate Judge Brooke C. Wells on 6/9/2017. (blh)
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Filing 111
ORDER granting #110 Motion for Admission Pro Hac Vice of Richard J. Stark for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 6/8/17. (jmr)
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Filing 110
MOTION for Admission Pro Hac Vice of Richard J. Stark , Registration fee $ 250, receipt number 1088-2771436, filed by Defendant Alarm.com. (Attachments: #1 Exhibit 1 - Application, #2 Exhibit 2 - Electronic Case Filing Registration, #3 Text of Proposed Order)(Bettilyon, Mark)
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Filing 109
NOTICE of Change of Address by Mark M. Bettilyon for Teena-Ann V. Sankoorikal (Bettilyon, Mark)
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Filing 108
RESPONSE re #106 Status Report, filed by Alarm.com. (Bettilyon, Mark)
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Filing 107
NOTICE OF HEARING: (Notice generated by chambers) Status Conference set for 6/28/2017 at 02:00 PM in Rm 7.400 before Magistrate Judge Brooke C. Wells. (mjw)
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Filing 106
STATUS REPORT and Request for Status Hearing by Vivint. (Wright, David)
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Filing 105
NOTICE of Appearance by Michael A. Manookin on behalf of Vivint (Manookin, Michael)
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Filing 104
NOTICE of Appearance by Charles J. Veverka on behalf of Vivint (Veverka, Charles)
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Filing 103
NOTICE of Appearance by Kirk R. Harris on behalf of Vivint (Harris, Kirk)
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Filing 102
NOTICE of Appearance by David R. Wright on behalf of Vivint (Wright, David)
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Deadlines/Hearings terminated: Per #99 , the court's status conference set for 12/13/2016 at 02:00 PM before Judge Waddoups is cancelled. (man)
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Filing 100
**SEALED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of SEALED TRANSCRIPT held on August 19, 2016 before Judge Brooke C. Wells. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440. (jmr)
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Filing 99
MEMORANDUM DECISION and Order Granting #60 Motion to Stay and Denying Without Prejudice #77 Motion for Protective Order and #87 Motion to Compel. In accordance with the reasons set forth and articulated at the conclusions of oral argument, the court GRANTS the Motion to Stay. Because this matter is stayed the court further DENIES WITHOUT PREJUDICE Defendants Motion for Protective Order and Plaintiffs Motion to Compel. Signed by Magistrate Judge Brooke C. Wells on 9/12/2016. (jwt)
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Filing 98
ORDER REGARDING HEARING- re 97 Sealed Hearing on Motion to Stay, Order on Motion for Protective Order, Order on Sealed Motion, Motion Hearing. The court has been contacted by the parties concerning the availability of a transcript from the hearing. After consideration of the matters discussed during the hearing the undersigned will allow the parties to obtain a transcript of the hearing. This transcript is to be for attorneys eyes only and is subject to the protections of the protective order entered in this case. Accordingly, the parties may request a transcript of the hearing should they so desire.Signed by Magistrate Judge Brooke C. Wells on 8/23/16. (jmr)
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Filing 96
REPLY to Response to Motion re #87 SEALED MOTION to Compel Documents Related to the Icontrol Acquisition filed by Plaintiff Vivint. (Hotze, Melissa)
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Filing 95
REDACTION to #93 Sealed Document Alarm.com Incorporated's Reply in Further Support of Its Motion for a Protective Order and Opposition to Vivint, Inc.'s Motion to Compel Documents Related to the Icontrol Acquisition by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 94
**SEALED DOCUMENT** DECLARATION of Charles E. Loeser in support re #77 Defendant's MOTION for Protective Order, in opposition re #87 SEALED MOTION to Compel Documents Related to the Icontrol Acquisition filed by Defendant Alarm.com (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B) (blh)
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Filing 93
**SEALED DOCUMENT** REPLY re #77 Defendant's MOTION for Protective Order, OPPOSITION re #87 SEALED MOTION to Compel Documents Related to the Icontrol Acquisition filed by Defendant Alarm.com (blh)
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Filing 92
NOTICE OF CONVENTIONAL FILING of 1.Alarm.com Incorporated's Reply in Further Support of Its Motion for a Protective Order and Opposition to Vivint, Inc.'s Motion to Compel Documents Related to the Icontrol Acquisition 2. Declaration of Charles E. Loeser in Support 3. Exhibits A and B to the Declaration in Support filed by Defendant Alarm.com re #87 SEALED MOTION to Compel Documents Related to the Icontrol Acquisition, #77 Defendant's MOTION for Protective Order and Memorandum in Support (Bettilyon, Mark)
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Filing 91
NOTICE OF FILING of Proposed Order re #87 SEALED MOTION to Compel Documents Related to the Icontrol Acquisition filed by Plaintiff Vivint. (Hatch, Brent)
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Filing 90
REDACTION to #87 SEALED MOTION to Compel Documents Related to the Icontrol Acquisition Motion to Compel Documents Related to the ICONTROL Acquistion by Plaintiff Vivint. (Hatch, Brent)
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Filing 89
AFFIDAVIT/DECLARATION in Support re #87 SEALED MOTION to Compel Documents Related to the Icontrol Acquisition filed by Plaintiff Vivint. (Attachments: #1 Exhibit Exhibit F - ADC's Initial Disclosure, #2 Exhibit Exhibit G - Vivint first set of RFP's, #3 Exhibit Exhibit H - ADC Form 8-K Excerpted, #4 Exhibit Exhibit I - Vivint Inc's Notice to Alarm.com)(Hatch, Brent) Modified on 8/5/2016-Exhibits A-E have been filed under seal; see document #87 . Confirmed with Counsel(M.H.) per phone call to atty's office. (jmr).
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Filing 88
NOTICE OF HEARING ON MOTION re: #87 SEALED MOTION to Compel Documents Related to the Icontrol Acquisition, #77 Defendant's MOTION for Protective Order and Memorandum in Support , #60 MOTION to Stay and Memorandum in Support : (Notice generated by chambers) Motion Hearing set for 8/19/2016 at 10:00 AM in Rm 7.400 before Magistrate Judge Brooke C. Wells. Please note the following briefing schedule on #87 sealed motion to compel. Any opposition is due on or before August 11th. A reply may be filed on or before August 16th. (mjw)
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Filing 86
ORDER granting #83 Motion to File Document Under Seal. Signed by Magistrate Judge Brooke C. Wells on 8/1/2016. (blh)
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Filing 87
*SEALED DOCUMENT* SEALED MOTION to Compel Documents Related to the Icontrol Acquisition and Memorandum in Support filed by Plaintiff Vivint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) Motions referred to Brooke C. Wells. (blh)
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Filing 85
MEMORANDUM in Opposition re #77 Defendant's MOTION for Protective Order and Memorandum in Support filed by Plaintiff Vivint. (Hotze, Melissa)
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Filing 84
NOTICE OF CONVENTIONAL FILING of Motion to Compel Documents Related to the ICONTROL Acquisition, and Exhibits A-E to the Motion filed by Plaintiff Vivint (Hatch, Brent)
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Filing 83
MOTION for Leave to File Plaintiff's Motion to Compel Information Related to the IControl Acquisition and Exhibits A through E Under Seal filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order Motion for Leave to file Plaintiff's Opposition to Alarm.com's Renewed Motion for Stay Pending Inter Partes Review, Declaration in Support, and Exhibits A,B, and C to the Declaration Under Seal) Motions referred to Brooke C. Wells.(Hatch, Brent) Modified by changing event type to Motion to Seal Document on 8/1/2016 (blh).
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Filing 82
NOTICE of Change of Address by Mark M. Bettilyon (Bettilyon, Mark)
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Filing 81
NOTICE OF HEARING ON MOTION re: #77 Defendant's MOTION for Protective Order and Memorandum in Support , #60 MOTION to Stay and Memorandum in Support : (Notice generated by chambers) Motion Hearing set for 8/26/2016 at 10:30 AM in Rm 7.400 before Magistrate Judge Brooke C. Wells. (mjw)
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Filing 80
ORDER GRANTING THE PARTIES' JOINT MOTION TO EXTEND DISCOVERY AND CLAIM CONSTRUCTION PROCEEDINGS-granting #79 Motion for Extension of Time. If the parties do not intend to file dispositive or potentially dispositive motions, a scheduling conference will be held for purposes of setting a trial date. If necessary this conference will be held Tuesday December 13, 2016 at 2:00 p.m. See Order for further details. Signed by Magistrate Judge Brooke C. Wells on 7/26/16. (jmr)
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Set Deadlines/Hearings: Fact Discovery before claim construction due by 9/29/2016. Dispositive Motions required to be filed with claim construction due by 10/6/2016. Scheduling Conference set for 12/13/2016 at 02:00 PM in Rm 8.100 before Judge Clark Waddoups. See Order #80 for details. (jmr)
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Filing 79
Joint MOTION for Extension of Time to Extend Discovery and Claim Construction Proceedings and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 78
DECLARATION of David F. Lisner re #77 Defendant's MOTION for Protective Order and Memorandum in Support filed by Alarm.com. (Attachments: #1 Exhibit A- Asset Purchase Agreement, #2 Exhibit B- Email from Julius Jefferson, #3 Exhibit C- Letter from David Lisner, #4 Exhibit D- Rule 26(A)(1) Initial Disclosures)(Bettilyon, Mark)
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Filing 77
Defendant's MOTION for Protective Order and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order ) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 76
REQUEST to Submit for Decision re #60 MOTION to Stay and Memorandum in Support filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 75
DECLARATION of of David F. Lisner re #74 Redacted Document filed by Alarm.com. (Attachments: #1 Exhibit A- Decision Denying Institution of Inter Partes Review, #2 Exhibit B- Decision Denying Institution of Inter Partes Review, #3 Exhibit C- Alarm.coms Final Invalidity and Unenforceability Contentions)(Bettilyon, Mark)
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Filing 74
REDACTION to #73 Sealed Document Reply in Further Support of Renewed Motion to Stay Pending Inter Partes Review by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 73
**SEALED DOCUMENT**SEALED REPLY IN FURTHER SUPPORT OF #60 MOTION to Stay and Memorandum in Support filed by Defendant Alarm.com. (jmr)
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Filing 72
ORDER granting #71 Motion for Leave to File Under Seal filed by Defendant Alarm. Signed by Magistrate Judge Brooke C. Wells on 6/22/16. (jmr)
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Filing 71
Defendant's MOTION for Leave to File Under Seal filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order ) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 70
AFFIDAVIT/DECLARATION of Justin L. Constant in Support re #59 MOTION for Vivint Inc. to Assert Claim 16 of the 601 Patent and Claims 11 and 19 of the 654 Patent in its Final Infringement Contentions and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Exhibit EX. A)(McClellan, Douglas)
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Filing 69
REPLY to Response to Motion re #59 MOTION for Vivint Inc. to Assert Claim 16 of the 601 Patent and Claims 11 and 19 of the 654 Patent in its Final Infringement Contentions and Memorandum in Support filed by Plaintiff Vivint. (McClellan, Douglas)
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Filing 68
REDACTION to #67 Sealed Document, Vivint's Memorandum in Opposition to Alarm.com's Renewed Motion to Stay (Redacted) by Plaintiff Vivint. (Hatch, Brent)
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Filing 66
ORDER granting #64 Motion for Leave to File Under Seal-See Order for details. Signed by Magistrate Judge Brooke C. Wells on 6/9/16. (jmr)
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Filing 67
**SEALED DOCUMENT**Sealed Answering Brief in Opposition to #40 MOTION to Stay and Memorandum in Support Pending Inter Partes Review filed by Plaintiff Vivint. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(jmr)
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Filing 65
NOTICE OF CONVENTIONAL FILING of Plaintiff's Opposition to Alarm.com's Renewed Motion for Stay Pending Inter Partes Review, Declaration in Support, and Exhibits A. B. and C to the Declaration Under Seal filed by Plaintiff Vivint re #64 MOTION for Leave to File (Hatch, Brent)
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Filing 64
MOTION for Leave to File filed by Plaintiff Vivint. Motions referred to Brooke C. Wells.(Hatch, Brent)
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Filing 63
AFFIDAVIT/DECLARATION of David F. Lisner in Opposition re #59 MOTION for Vivint Inc. to Assert Claim 16 of the 601 Patent and Claims 11 and 19 of the 654 Patent in its Final Infringement Contentions and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Exhibit A- Alarm.com's Inter Partes Review Petition, #2 Exhibit B- USPTO decision granting Institution of Inter Partes Review, #3 Exhibit C- USPTO decision granting Institution of Inter Partes Review)(Bettilyon, Mark)
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Filing 62
Defendant's MEMORANDUM in Opposition re #59 MOTION for Vivint Inc. to Assert Claim 16 of the 601 Patent and Claims 11 and 19 of the 654 Patent in its Final Infringement Contentions and Memorandum in Support filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 61
AFFIDAVIT/DECLARATION of David F. Lisner in Support re #60 MOTION to Stay and Memorandum in Support filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 60
MOTION to Stay and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Exhibit A- Case No. IPR2015-01965 Decision Granting Institution, #2 Exhibit B- Case No. IPR2015-01977 Decision Granting Institution, #3 Exhibit C- Case No. IPR2016-00116 Decision Granting Institution, #4 Exhibit D- Case No. IPR2016-00173 Decision Granting Institution, #5 Exhibit E- Case No. IPR2015-00161 Decision Granting Institution, #6 Exhibit F- US Patent 6717513, #7 Exhibit G- US Patent 6147601, #8 Exhibit F- Request for Certificate of Correction, #9 Exhibit I- Vivint's Form 10-K, #10 Exhibit J- Vivint's Form S-4, #11 Exhibit K- Petitioner's Reply Brief Concerning Patent Owner's Request for Certificate of Correction) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 59
MOTION for Vivint Inc. to Assert Claim 16 of the 601 Patent and Claims 11 and 19 of the 654 Patent in its Final Infringement Contentions and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(McClellan, Douglas)
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Filing 58
ORDER granting #56 Motion for Admission Pro Hac Vice of David F. Lisner for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Clark Waddoups on 4/20/16. (jmr)
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Filing 57
ORDER granting #55 Motion for Admission Pro Hac Vice of Mark K. Khadpe for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Clark Waddoups on 4/20/16. (jmr)
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Filing 56
Defendant's MOTION for Admission Pro Hac Vice of David F. Lisner , Registration fee $ 250, receipt number 1088-2482440, filed by Defendant Alarm.com. (Attachments: #1 Exhibit A- Application, #2 Exhibit B- Electronic Case Filing, #3 Text of Proposed Order)(Bettilyon, Mark)
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Filing 55
Defendant's MOTION for Admission Pro Hac Vice of Marc K. Khadpe filed by Defendant Alarm.com (receipt #4681071560) (Attachments: #1 Exhibit A- Application, #2 Exhibit B- Registration Form, #3 Exhibit C- Proposed Order)(Bettilyon, Mark) Modified on 4/14/2016 by adding receipt number for $250 filing fee (jlw).
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Filing 54
NOTICE of Change of Address by Mark M. Bettilyon and Substitution of Counsel (Bettilyon, Mark)
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Filing 53
ORDER denying #40 Motion to Stay Pending Inter Partes Review. See Order for details. Signed by Magistrate Judge Brooke C. Wells on 12/14/15. (jmr)
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Filing 52
REQUEST for Oral Argument re #40 MOTION to Stay and Memorandum in Support Pending Inter Partes Review filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 51
REQUEST to Submit for Decision re #40 MOTION to Stay and Memorandum in Support Pending Inter Partes Review filed by Defendant Alarm.com. (Bettilyon, Mark)
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Filing 50
REPLY to Response to Motion re #40 MOTION to Stay and Memorandum in Support Pending Inter Partes Review filed by Defendant Alarm.com. (Attachments: #1 Exhibit 1-Email Exchange, #2 Exhibit 2-Form of Patent Assignment)(Bettilyon, Mark)
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Filing 49
ORDER granting #41 Motion for Admission Pro Hac Vice of Daniel A. Richards for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Brooke C. Wells on 10/30/15. (jmr)
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Filing 48
ORDER granting #42 Motion for Leave to File Plaintiff's Opposition to Motion for Stay Pending Inter Partes Review, Exhibit B in Support, and Declaration in Support and Memorandum in Support Under Seal. See Order for details. Signed by Magistrate Judge Brooke C. Wells on 10/30/15. (jmr)
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Filing 47
AFFIDAVIT/DECLARATION of Justin L. Constant in Opposition re #40 MOTION to Stay and Memorandum in Support Pending Inter Partes Review filed by Plaintiff Vivint. (Attachments: #1 Exhibit A - Claim's Chart, #2 Exhibit B- Filed Under Seal, #3 Exhibit C- Alarm.com Incorporated's Objections and Responses to RPOD, #4 Exhibit D-Alarm.com Incorporated's Objections and Responses to Rogs, #5 Exhibit E- Patents Post-Grant, #6 Exhibit F- Alarm.com Form S-1)(Hatch, Brent)
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Filing 46
REDACTION to #44 Sealed Document Declaration of Todd Santiago by Plaintiff Vivint. (Hatch, Brent)
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Filing 45
REDACTION to #44 Sealed Document Plaintiff's Answering Brief in Opposition to Alarm.com Incorporated's Motion for Stay Pending Inter Partes Review by Plaintiff Vivint. (Hatch, Brent)
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Filing 44
**SEALED DOCUMENT**Answering Brief in Opposition to Alarm.com re #40 MOTION to Stay and Memorandum in Support Pending Inter Partes Review filed by Plaintiff Vivint. (Attachments: #1 Declaration, #2 Exhibit B)(jmr)
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Filing 43
NOTICE OF CONVENTIONAL FILING of Plaintiffs Answering Brief in Opposition to Alarm.Com Incorporateds Motion for Stay Pending Inter Partes Review; Exhibit B to the Declaration of Todd Santiago; and the Declaration of Justin L. Constant filed by Plaintiff Vivint Under Seal (Hatch, Brent)
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Filing 42
MOTION for Leave to File Plaintiff's Opposition to Motion for Stay Pending Inter Partes Review, Exhibit B in Support, and Declaration in Support and Memorandum in Support Under Seal filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to File Under Seal) Motions referred to Brooke C. Wells.(Hatch, Brent)
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Filing 41
MOTION for Admission Pro Hac Vice of Daniel A. Richards , Registration fee $ 15, receipt number 1088-2354381, filed by Defendant Alarm.com. (Attachments: #1 Exhibit A - PHV Application, #2 Exhibit B - ECF Registration, #3 Text of Proposed Order Proposed Order)(Bettilyon, Mark)
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Filing 40
MOTION to Stay and Memorandum in Support Pending Inter Partes Review filed by Defendant Alarm.com. (Attachments: #1 Exhibit 1-Petition for IPR (Emigh-Osman), #2 Exhibit 2-IPR Petition - Emigh (Suzuki), #3 Exhibit 3-Petition for IPR - US 6,924,727, #4 Exhibit 4-'123 Sandelman IPR, #5 Exhibit 5-Petition for IPR US 6,717,513, #6 Exhibit 6-Petition for IPR US 6,147,601, #7 Exhibit 7-Petition for IPR US 6,462,654, #8 Exhibit 8-Petition for IPR US 6,924,727, #9 Exhibit 9-PTAB Statistics re Cancellation of Claims, #10 Exhibit 10-PTAB Statistics re Institution of Proceedings, #11 Text of Proposed Order Proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 39
PATENT CASE SCHEDULING ORDER: Amended Pleadings due by 12/11/2015. Joinder of Parties due by 12/11/2015. Fact Discovery before claim construction due by 8/18/2016. See Order for additional details. Signed by Magistrate Judge Evelyn J. Furse on 9/29/15. (jmr)
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Filing 38
PROTECTIVE ORDER, Motions terminated: #37 Joint MOTION for Protective Order and Memorandum in Support filed by Vivint. See Order for details. Signed by Magistrate Judge Brooke C. Wells on 9/10/15. (jmr)
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Filing 37
Joint MOTION for Protective Order and Memorandum in Support filed by Plaintiff Vivint. (Attachments: #1 Text of Proposed Order Granting Protective Order) Motions referred to Brooke C. Wells.(Hatch, Brent)
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Filing 36
REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Hatch, Brent)
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Filing 35
NOTICE OF ADR, e-mailed or mailed to Defendant Alarm.com, Plaintiff Vivint. (jmr)
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Filing 34
ANSWER to #15 Amended Complaint,, with Jury Demand filed by Alarm.com.(Bettilyon, Mark)
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Filing 33
ORDER granting #28 Motion for Admission Pro Hac Vice of Teena-Ann V. Sankoorikal for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 7/13/15. (jmr)
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Filing 32
ORDER granting #27 Motion for Admission Pro Hac Vice of Roger G. Brooks for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 7/13/15. (jmr) Modified by correcting attorney's name from Roger C. to Roger G. on 7/14/2015 (rks).
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Filing 31
ORDER granting #26 Motion for Admission Pro Hac Vice of Max W. Abend for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 7/13/15. (jmr)
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Filing 30
ORDER granting #25 Motion for Admission Pro Hac Vice of Benjamin R. Osborn for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 7/13/15. (jmr)
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Filing 29
ORDER granting #24 Motion for Admission Pro Hac Vice of Andrei Harasymiak for Alarm.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 7/13/15. (jmr)
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Filing 28
MOTION for Admission Pro Hac Vice of Teena-Ann V. Sankoorikal , Registration fee $ 15, receipt number 1088-2298376, filed by Defendant Alarm.com. (Attachments: #1 Exhibit A- PHV Application, #2 Exhibit B- ECF Registration, #3 Text of Proposed Order Proposed Order)(Bettilyon, Mark)
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Filing 27
MOTION for Admission Pro Hac Vice of Roger G. Brooks , Registration fee $ 15, receipt number 1088-2298372, filed by Defendant Alarm.com. (Attachments: #1 Exhibit A- PHV Application, #2 Exhibit B- ECF Registration, #3 Text of Proposed Order Proposed Order)(Bettilyon, Mark)
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Filing 26
MOTION for Admission Pro Hac Vice of Max W. Abend , Registration fee $ 15, receipt number 1088-2298368, filed by Defendant Alarm.com. (Attachments: #1 Exhibit A- PHV Application, #2 Exhibit B- ECF Registration, #3 Text of Proposed Order Proposed Order)(Bettilyon, Mark)
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Filing 25
MOTION for Admission Pro Hac Vice of Benjamin R. Osborn , Registration fee $ 15, receipt number 1088-2298367, filed by Defendant Alarm.com. (Attachments: #1 Exhibit A- PHV Application, #2 Exhibit B- ECF Registration, #3 Text of Proposed Order Proposed Order)(Bettilyon, Mark)
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Filing 24
MOTION for Admission Pro Hac Vice of Andrei Harasymiak , Registration fee $ 15, receipt number 1088-2298359, filed by Defendant Alarm.com. (Attachments: #1 Exhibit A- PHV Application, #2 Exhibit B- ECF Registration, #3 Text of Proposed Order Proposed Order)(Bettilyon, Mark)
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Filing 23
ORDER granting #14 Motion for Admission Pro Hac Vice of Robert S. Berezin for Vivint. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 6/19/15. (jmr)
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Filing 22
ORDER granting #13 Motion for Admission Pro Hac Vice of Justin Constant for Vivint. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 6/19/15. (jmr)
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Filing 21
ORDER granting #12 Motion for Admission Pro Hac Vice of Melissa L. Hotze for Vivint. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 6/19/15. (jmr)
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Filing 20
ORDER granting #11 Motion for Admission Pro Hac Vice of Jeremy Jason Lang for Vivint. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 6/19/15. (jmr)
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Filing 19
ORDER granting #10 Motion for Admission Pro Hac Vice of Douglas McClellan for Vivint. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 6/19/15. (jmr)
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Filing 18
ORDER granting Stipulated #17 Motion for Extension of Time to Answer. Answer deadline updated for Alarm.com answer due 7/23/2015. Signed by Judge Clark Waddoups on 6/19/15. (jmr)
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Filing 17
Stipulated MOTION for Extension of Time to File Answer re #15 Amended Complaint,, and Memorandum in Support filed by Defendant Alarm.com. (Attachments: #1 Text of Proposed Order proposed Order) Motions referred to Brooke C. Wells.(Bettilyon, Mark)
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Filing 16
NOTICE of Appearance by Mark M. Bettilyon on behalf of Alarm.com (Bettilyon, Mark)
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Filing 15
AMENDED COMPLAINT against Alarm.com with Jury Demand., filed by Vivint. (Attachments: #1 Exhibit EX A US 6,535,123, #2 Exhibit EX B 6,717,513, #3 Exhibit EX C US 6,462,654, #4 Exhibit EX D US 6,147,601, #5 Exhibit EX E 6,924,727, #6 Exhibit EX F 7,884,713, #7 Exhibit EX G Interactive Security 2, #8 Exhibit EX H Interactive Security 3, #9 Exhibit EX I Interactive Security 4, #10 Exhibit EX J Interactive Security 5, #11 Exhibit EX K Watch Your Kids Get Home, #12 Exhibit EX L Scott Alarm, #13 Exhibit EX M Alarm.Com Website, #14 Exhibit EX N Home Automation, #15 Exhibit EX O Press, #16 Exhibit EX P Blog) (Hatch, Brent)
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Filing 14
MOTION for Admission Pro Hac Vice of Robert S. Berezin , Registration fee $ 15, receipt number 1088-2278676, filed by Plaintiff Vivint. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - CM/ECF Registration Form, #3 Text of Proposed Order Granting Pro Hac Admission)(Hatch, Brent)
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Filing 13
MOTION for Admission Pro Hac Vice of Justin Lile Constant , Registration fee $ 15, receipt number 1088-2278666, filed by Plaintiff Vivint. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - CM/ECF Registration Form, #3 Text of Proposed Order Granting Pro Hac Admission)(Hatch, Brent)
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Filing 12
MOTION for Admission Pro Hac Vice of Melissa L. Hotze , Registration fee $ 15, receipt number 1088-2278648, filed by Plaintiff Vivint. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - CM/ECF Registration Form, #3 Text of Proposed Order Granting Pro Hac Admission)(Hatch, Brent)
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Filing 11
MOTION for Admission Pro Hac Vice of Jeremy Jason Lang , Registration fee $ 15, receipt number 1088-2278632, filed by Plaintiff Vivint. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - CM/ECF Registration Form, #3 Text of Proposed Order Granting Pro Hac Admission)(Hatch, Brent)
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Filing 10
MOTION for Admission Pro Hac Vice of Douglas Wayne McClellan , Registration fee $ 15, receipt number 1088-2278611, filed by Plaintiff Vivint. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - CM/ECF Registration Form, #3 Text of Proposed Order Granting Pro Hac Admission)(Hatch, Brent)
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Filing 9
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Vivint as to Alarm.com served on 6/3/2015, answer due 6/24/2015. (Attachments: #1 Exhibit Summons)(Hatch, Brent)
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Filing 8
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Clark Waddoups on 6/3/2015. (aw)
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Filing 7
EXHIBITS filed by Vivint re #2 Complaint. (Attachments: #1 Exhibit A United States Patent 6,535,123, #2 Exhibit B United States Patent 6,717,513, #3 Exhibit C United States Patent 6,462,654, #4 Exhibit D United States Patent 6,147,601, #5 Exhibit E United States Patent 6,924,727, #6 Exhibit F United States Patent 7,884,713)(Hatch, Brent)
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Filing 6
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Douglas W. McClellan, for Plaintiff Vivint (eat)
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Filing 5
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Alarm.com. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms)
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Filing 4
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Robert S. Berezin, for Plaintiff Vivint (eat)
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Filing 3
Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 Supplement Copy of Complaint) (eat)
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Filing 2
COMPLAINT against Alarm.com (Filing fee $ 400, receipt number 1088-2274476), filed by Vivint. (Attachments: #1 Civil Cover Sheet Signed Cover Sheet) Assigned to Judge Clark Waddoups (Hatch, Brent)
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Filing 1
Case has been indexed and assigned to Judge Clark Waddoups. Plaintiff Vivint is directed to E-File the complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (eat)
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