ARTICLE
9 August 2021

ITC Institutes Investigation (337-TA-1273) In Certain Residential Premises

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Oblon, McClelland, Maier & Neustadt, L.L.P

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On July 30, 2021, the ITC issued a Notice of Investigation in Certain Residential Presmises Security Monitoring and Automation Control Panels, and Components Thereof (Inv. No. 337-TA-1273).
United States Intellectual Property

On July 30, 2021, the ITC issued a Notice of Investigation in Certain Residential Presmises Security Monitoring and Automation Control Panels, and Components Thereof (Inv. No. 337-TA-1273).

By way of background, this investigation is based on a June 30, 2021 complaint filed by ADT LLC and The ADT Security Corporation of Boca Raton, Florida (collectively, "ADT") alleging a violation of section 337 by Vivent, Inc. of Provo, Utah ("Vivent") in the unlawful importation and/or sale in the U.S. of certain residential premises security monitoring and automation control panels, and components thereof, by reason of infringement of certain claims of U.S. Patent No. 8,976,937 ("the '937 patent") and U.S. Patent No. 9,286,772 ("the '772 patent").

According to the complaint, the ʼ937 patent relates to systems and methods for providing communication between a customer's premises and a central monitoring center, and the ʼ772 patent relates to a security control apparatus at a premises that includes a processor, wireless communication element, and remote communication element. The accused products include Vivent's SkyControl Panel and Smart Hub Panel that allow consumers to monitor and control their premises' life safety devices (e.g., carbon monoxide detectors, smoke detectors, intrusion detectors) and lifestyle devices (e.g., heating/cooling, lights, locks, doorbells), while either on the premises or remotely via a mobile app. ADT is requesting that the Commission issue a limited exclusion order and permanent cease-and-desist order directed to Vivent. Chief ALJ Charles E. Bullock issued a notice indicating that he will preside in the investigation.

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