Alarm.com Incorporated et al v. Vivint, Inc., No. 2:23-cv-00004 (E.D. Tex. Sept. 6, 2023)

From the Opinion

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Before the Court is Defendant Vivint, Inc.’s Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) (“Motion”). Dkt. No. 19 . The motion is fully briefed. Dkt. No. 31 (“Response”), Dkt. No. 34 (“Reply”), Dkt. No. 38 (“Sur -Reply”). For the following reasons, the Motion to Dismiss (Dkt. No. 19) should be DENIED. I. BACKGROUND Plaintiffs Alarm.com Incorporated (“ADC”) and ICN Acquisition, LLC (“ICN”) (collectively, “Plaintiffs”) filed suit January 4, 2023, alleging that certain Vivint security system products and services infringe U.S. Patent Nos.