Complaint, Exhibit 3.

1

U.S. Patent No. US 8,671,195 v. Vivint, Inc.

Claims 1, 2, 3, 5, 6, 7, 8, 9, 11, 17, 18, 19, 21, 22, 23.

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 1 of 67 PageID #: 37
Complaint, Exhibit 3.

2

1. Claim Chart

Claim Analysis

[1.P] A 

digital media 

communicati

on protocol, 

comprising:

Vivint (“Company”) performs and/or induces others to perform a method of digital media communication protocol.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, Company provides a home security system, which includes automation products such as thermostats (used 

herein as an exemplary product), locks, cameras, and lighting. Further, these products operate using a smart home 

protocol (“digital media communication protocol”) that enables devices to communicate with each other, exchange 

information, and control functions.

Source: https://www.vivint.com/packages/home-security

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 2 of 67 PageID #: 38
Complaint, Exhibit 3.

3

Source: https://www.vivint.com/packages/home-security

Source: https://www.vivint.com/products/smart-thermostat (annotated)

Thermostat

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 3 of 67 PageID #: 39
Complaint, Exhibit 3.

4

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[1.1] at least 

one media 

terminal 

disposed in 

an accessible 

relation to at 

least one 

interactive 

computer 

network,

Company provides at least one media terminal disposed in an accessible relation to at least one interactive computer 

network. 

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the smart thermostat is connected (“accessible relation”) to the Vivint smart hub (“one media terminal”) 

through the Z-wave smart home protocol (“at least one interactive computer network”).

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 4 of 67 PageID #: 40
Complaint, Exhibit 3.

5

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat (annotated)

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

Media terminal

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 5 of 67 PageID #: 41
Complaint, Exhibit 3.

6

[1.2] a 

wireless 

range 

structured to 

permit 

authorized 

access to said 

at least one 

interactive 

computer 

network,

Company provides a wireless range structured to permit authorized access to said at least one interactive computer 

network. 

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, to pair the thermostat device with the smart hub, the thermostat device must be within the range of 100 

meters (“a wireless range”) of the Z-wave protocol. Further, Z-Wave network and devices in the Z-wave network are 

identified with their respective unique IDs. The unique IDs prevents unauthorized devices to access the Z-wave network. 

Therefore, upon information and belief, the thermostat devices that are within the wireless range of the Z-wave protocol 

are structured to permit authorized access to pair with the smart hub.

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Source: https://www.techtarget.com/iotagenda/definition/Z-Wave

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 6 of 67 PageID #: 42
Complaint, Exhibit 3.

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Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[1.3] at least 

one media 

node 

disposable 

within said 

wireless 

range, 

wherein said 

at least one 

media node is 

detectable by 

said at least 

one media 

terminal,

Company provides at least one media node disposable within said wireless range, wherein said at least one media node 

is detectable by said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the smart hub is paired to the thermostat (“one media node”) when it is located within the range of the ZWave protocol (“disposable within said wireless range”). Further, during pairing, the smart hub searches for the nearby 

thermostat devices to get paired (“one media node is detectable by said at least one media terminal”).

Source: https://www.z-wave.com/learn

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 7 of 67 PageID #: 43
Complaint, Exhibit 3.

8

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[1.4] at least 

one digital 

media file 

initially 

disposed on 

at least one of 

said at least 

one media 

terminal or 

said at least 

one media 

node, said at 

least one 

media 

Company provides at least one digital media file initially disposed on at least one of said at least one media terminal or 

said at least one media node, said at least one media terminal being structured to detect said at least one media node 

disposed within said wireless range.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, to pair the thermostat to the smart hub, ‘smart home devices’ settings followed by ‘Z-wave’ and ‘Add 

Node’ settings are selected on the hub to pair with the thermostat. Further, when the thermostat’s side button is held for 

6 seconds, it starts searching (“said at least one media terminal being structured to detect said at least one media node”) 

for the Z-wave network, and upon clicking the Connect button for the searched network, the thermostat is paired with 

the smart hub. 

Furthermore, after the thermostat is connected to the smart hub, the smart hub allows users to control the thermostat by 

providing various functionalities on the smart hub such as changing room temperature, selecting different modes, and 

Media terminal

Media node

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 8 of 67 PageID #: 44
Complaint, Exhibit 3.

9

terminal 

being 

structured to 

detect said at 

least one 

media node 

disposed 

within said 

wireless 

range,

adjusting heating types. Therefore, it would be apparent to a person having ordinary skill in the art that the smart hub 

stores the settings to adjust the temperature on the thermostat. 

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 9 of 67 PageID #: 45
Complaint, Exhibit 3.

10

Source: https://support.vivint.com/article/Smart-Hub-Adjust-Thermostat

Source: https://support.vivint.com/article/Smart-Hub-Adjust-Thermostat (annotated)

Adjust Temperature

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 10 of 67 PageID #: 46
Complaint, Exhibit 3.

11

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[1.5] a 

communicati

on link 

structured to 

dispose said 

at least one 

media 

terminal and 

said at least 

one media 

node in a 

communicati

ve relation 

with one 

another via 

said at least 

one 

interactive 

computer 

network,

Company provides a communication link structured to dispose said at least one media terminal and said at least one 

media node in a communicative relation with one another via said at least one interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, when the pairing process is complete, a link ("communicative relation”) is established between the 

thermostat and the smart hub via Z-wave protocol (“said at least one interactive computer network”) such that the user 

adjusts the temperature on the thermostat via the smart hub. 

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 11 of 67 PageID #: 47
Complaint, Exhibit 3.

12

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[1.6] said 

communicati

on link being 

initiated by 

said at least 

one media 

terminal,

Company provides communication link being initiated by said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, to pair the thermostat with the smart hub, ‘smart home devices’ settings followed by the ‘Z-wave’ and 

‘Add Node’ settings are selected on the hub to pair with the thermostat (“said communication link being initiated by said 

at least one media terminal”).

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 12 of 67 PageID #: 48
Complaint, Exhibit 3.

13

[1.7] said at 

least one 

media node 

and said at 

least one 

media 

terminal 

being 

structured to 

transmit said 

at least one 

digital media 

file 

therebetween 

via said 

communicati

on link, and

Company provides at least one media node and said at least one media terminal being structured to transmit said at least 

one digital media file therebetween via said communication link.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, once the pairing process is complete, the smart hub allows the users to adjust the temperature settings for 

the thermostat directly from the smart hub. When the user modifies the room temperature using the smart hub, the 

adjusted temperature is reflected on the connected thermostat device as the target temperature. Therefore, it would be 

apparent to a person having ordinary skill in the art that the modified temperature instruction (“digital media file”) is 

transmitted from the smart hub to the thermostat via the established link. 

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:10 (annotated)

User adjusting 

temperature to 73° F via 

smart hub

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 13 of 67 PageID #: 49
Complaint, Exhibit 3.

14

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:57 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[1.8] said 

communicati

on link is 

structured to 

bypass at 

least one 

media 

terminal 

security 

measure.

Company provides communication link is structured to bypass at least one media terminal security measure.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, once the devices are paired, a link is established between them, enabling the users to adjust the thermostat's 

temperature settings directly from the smart hub without the need to regularly pair the devices. As pairing is not necessary 

each time to make temperature adjustments via the smart hub, it would be apparent to a person having ordinary skill in 

the art that the established communication link is designed to bypass security measures related to the smart hub.

Modified temperature 

(73° F) being displayed 

on thermostat device

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 14 of 67 PageID #: 50
Complaint, Exhibit 3.

15

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[2] The 

digital media 

communicati

on protocol 

recited in 

claim 1 

wherein

said digital 

media file is 

initially 

disposed on 

said at least 

one media 

node.

Company provides the digital media communication protocol recited in claim 1 wherein said digital media file is initially 

disposed on said at least one media node.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the smart hub and the thermostat are fully integrated therefore, the reading on/measured by the thermostat 

(“digital media file is initially disposed on said at least one media node”) is reflected on the smart hub.

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 15 of 67 PageID #: 51
Complaint, Exhibit 3.

16

Source:

https://wwwassets.s3.amazonaws.com/global/vivint.com/Support/images/Vivint_SmartHubV2_GettingStartedGuide_E

NU%20-%20revA.2.pdf , Page 13

Source: https://www.vivint.com/products/smart-thermostat

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[3] The 

digital media 

communicati

Company provides the digital media communication protocol recited in claim 2 wherein said at least one media terminal 

is structured to display said at least one digital media file.

Media Node

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 16 of 67 PageID #: 52
Complaint, Exhibit 3.

17

on protocol 

recited in 

claim 2 

wherein

said at least 

one media 

terminal is 

structured to 

display said 

at least one 

digital media 

file.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the smart hub and the thermostat are fully integrated therefore, the temperature measured by the thermostat 

is reflected on the smart hub (“said at least one media terminal is structured to display said at least one digital media 

file”).

Source: https://support.vivint.com/article/Smart-Hub-Adjust-Thermostat (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[4] The 

digital media 

communicati

on protocol 

recited in 

claim 2 

wherein

Company provides the digital media communication protocol recited in claim 2 wherein said at least one media terminal 

is structured to store said at least one digital media file.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the adjusted thermostat reading is reflected on the smart hub, and it remains constant on the smart hub until 

the reading is changed. Therefore, it would be apparent to a person having ordinary skill in the art that the smart hub is 

Media terminal

Thermostat reading reflected on the media terminal

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 17 of 67 PageID #: 53
Complaint, Exhibit 3.

18

said at least 

one media 

terminal is 

structured to 

store said at 

least one 

digital media 

file.

structured to store the temperature readings (“said at least one media terminal is structured to store said at least one digital 

media file”). 

Source: https://support.vivint.com/article/Smart-Hub-Adjust-Thermostat (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[5] The 

digital media 

communicati

on protocol 

recited in 

claim 2 

wherein

said media 

terminal is 

structured to 

manipulate 

Company provides the digital media communication protocol recited in claim 2 wherein said media terminal is structured 

to manipulate said at least one digital media file.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the smart hub allows the users to adjust the temperature settings for the thermostat directly from the smart 

hub. When the user modifies the room temperature using the smart hub (“said media terminal is structured to manipulate 

said at least one digital media file”), the adjusted temperature is reflected on the connected thermostat device as the target 

temperature. 

Thermostat reading stored on the media terminal

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 18 of 67 PageID #: 54
Complaint, Exhibit 3.

19

said at least 

one digital 

media file.

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:10 (annotated)

User adjusting 

temperature to 73° F via 

smart hub

Modified temperature 

(73° F) being displayed 

on thermostat device

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 19 of 67 PageID #: 55
Complaint, Exhibit 3.

20

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:57 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[6] The 

digital media 

communicati

on protocol 

recited in 

claim 1 

wherein

said digital 

media file is 

initially 

disposed on 

said at least 

one media 

terminal.

Company provides the digital media communication protocol recited in claim 1 wherein said digital media file is initially 

disposed on said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the smart hub allows the users to adjust the temperature settings for the thermostat directly from the smart 

hub. When the user modifies the room temperature using the smart hub (“digital media file is initially disposed on said 

at least one media terminal”), the adjusted temperature is reflected on the connected thermostat device as the target 

temperature. 

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:10 (annotated)

User adjusting 

temperature to 73° F via 

smart hub

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 20 of 67 PageID #: 56
Complaint, Exhibit 3.

21

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:57 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[7] The 

digital media 

communicati

on protocol 

recited in 

claim 6 

wherein

said at least 

one media 

terminal is 

structured to 

transmit said 

at least one 

Company provides the digital media communication protocol recited in claim 6 wherein said at least one media terminal 

is structured to transmit said at least one digital media file to said at least one media node via said communication link.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the smart hub allows the users to adjust the temperature settings for the thermostat directly from the smart 

hub. When the user modifies the room temperature using the smart hub, the adjusted temperature is reflected on the 

connected thermostat device as the target temperature. Therefore, it would be apparent to a person having ordinary skill 

in the art that the modified temperature instruction (“digital media file”) is transmitted from the smart hub to the 

thermostat via the established link. 

Modified temperature 

(73° F) being displayed 

on thermostat device

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 21 of 67 PageID #: 57
Complaint, Exhibit 3.

22

digital media 

file to said at 

least one 

media node 

via said 

communicati

on link.

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:10 (annotated)

User adjusting 

temperature to 73° F via 

smart hub

Modified temperature 

(73° F) being displayed 

on thermostat device

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 22 of 67 PageID #: 58
Complaint, Exhibit 3.

23

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:57 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[8] The 

digital media 

communicati

on protocol 

recited in 

claim 6 

wherein

said at least 

one media 

node is 

structured to 

display said 

digital media 

file.

Company provides the digital media communication protocol recited in claim 6 wherein said at least one media node is 

structured to display said digital media file.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, when the user modifies the room temperature using the smart hub, the adjusted temperature is reflected on 

the connected thermostat device as the target temperature (“at least one media node is structured to display said digital 

media file”). 

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:57 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

Modified temperature 

being displayed on 

thermostat device

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 23 of 67 PageID #: 59
Complaint, Exhibit 3.

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[9] The 

digital media 

communicati

on protocol 

recited in 

claim 6

wherein

said at least 

one media 

node is 

structured to 

store said at 

least one 

digital media 

file.

Company provides the digital media communication protocol recited in claim 6 wherein said at least one media node is 

structured to store said at least one digital media file.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the temperature reading adjusted via smart hub is displayed on the thermostat, and it remains constant on 

the thermostat until the reading is changed. Therefore, it would be apparent to a person having ordinary skill in the art 

that the thermostat is structured to store the temperature readings (“said at least one media node is structured to store said 

at least one digital media file”). 

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:10 (annotated)

User adjusting 

temperature to 73° F via 

smart hub

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 24 of 67 PageID #: 60
Complaint, Exhibit 3.

25

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:57 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[10] The 

digital media 

communicati

on protocol 

recited in 

claim 6 

wherein

said at least 

one media 

node is 

structured to 

manipulate 

said at least 

Company provides the digital media communication protocol recited in claim 6 wherein said at least one media node is 

structured to manipulate said at least one digital media file.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, when the user modifies the room temperature using the smart hub, the adjusted temperature is reflected on 

the connected thermostat device as the target temperature. Furthermore, the thermostat device allows the user to adjust 

the temperature settings on the thermostat previously set via the smart hub (“one media node is structured to manipulate 

said at least one digital media file”) or thermostat.

Modified temperature 

reading stored on the 

media node

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 25 of 67 PageID #: 61
Complaint, Exhibit 3.

26

one digital 

media file.

Source: https://support.vivint.com/article/element-change-temperature

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[11] The 

digital media 

communicati

on protocol 

recited in 

claim 1 

wherein

said at least 

one media 

node includes 

a portable 

device.

Company provides the digital media communication protocol recited in claim 1 wherein said at least one media node 

includes a portable device.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the thermostat device is a small wall-fitted device that indicates its portability (“one media node includes 

a portable device”).

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 26 of 67 PageID #: 62
Complaint, Exhibit 3.

27

Source: https://www.vivint.com/products/smart-thermostat (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[17.P] A 

digital media 

communicati

on protocol, 

comprising:

Vivint (“Company”) performs and/or induces others to perform a method of digital media communication protocol.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, Company provides a home security system, which includes automation products such as thermostats (used 

herein as an exemplary product), locks, cameras, and lighting. Further, these products operate using a smart home 

protocol (“digital media communication protocol”) that enables devices to communicate with each other, exchange 

information, and control functions.

Portable device

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 27 of 67 PageID #: 63
Complaint, Exhibit 3.

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Source: https://www.vivint.com/packages/home-security

Source: https://www.vivint.com/packages/home-security

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Complaint, Exhibit 3.

29

Source: https://www.vivint.com/products/smart-thermostat (annotated)

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[17.1] at least 

one media 

terminal and 

at least one 

media node 

disposed in 

Company provides at least one media terminal and at least one media node disposed in an accessible relation with at 

least one interactive computer network. 

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Thermostat

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 29 of 67 PageID #: 65
Complaint, Exhibit 3.

30

an accessible 

relation with 

at least one 

interactive 

computer 

network,

For example, the smart thermostat (“media node”) is connected (“accessible relation”) to the Vivint smart hub (“media 

terminal”) through the Z-wave smart home network (“at least one interactive computer network”).

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat (annotated)

Media terminal

Media Node

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 30 of 67 PageID #: 66
Complaint, Exhibit 3.

31

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[17.2] at least 

one digital 

media file

initially 

disposed on 

at least one of 

said media 

terminal or 

said media 

node, said at 

least one 

media 

terminal 

structured to 

detect said at 

least one 

media node,

Company provides at least one digital media file initially disposed on at least one of said media terminal or said media 

node, said at least one media terminal structured to detect said at least one media node. 

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, to pair the thermostat to the smart hub, ‘smart home devices’ settings followed by the “Z-wave” and “Add 

Node” settings are selected on the hub to pair with the thermostat and when the thermostat’s side button is held for 6 

seconds, it starts searching (“said at least one media terminal structured to detect said at least one media node”) for the 

Z-wave network, and upon clicking the Connect button for the searched network, the thermostat is paired with the smart 

hub. 

Furthermore, after the thermostat is connected to the smart hub, the smart hub allows users to control the thermostat by 

providing various functionalities on the smart hub such as changing room temperature, selecting different modes, and 

adjusting heating types. Therefore, it would be apparent to a person having ordinary skill in the art that the smart hub 

stores the settings to adjust the temperature on the thermostat. 

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 31 of 67 PageID #: 67
Complaint, Exhibit 3.

32

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat (annotated)

Source: https://support.vivint.com/article/Smart-Hub-Adjust-Thermostat

Media terminal

Media Node

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 32 of 67 PageID #: 68
Complaint, Exhibit 3.

33

Source: https://support.vivint.com/article/Smart-Hub-Adjust-Thermostat (annotated)

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Adjust Temperature

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 33 of 67 PageID #: 69
Complaint, Exhibit 3.

34

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[17.3] a 

communicati

on link 

structured to 

dispose said 

at least one 

media 

terminal and 

said at least 

one media 

node in a 

communicati

ve relation 

with one 

another via 

said 

interactive 

computer 

network,

Company provides a communication link structured to dispose said at least one media terminal and said at least one 

media node in a communicative relation with one another via said interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, when the pairing process is complete, a link ("communicative relation”) is established between the 

thermostat and the smart hub via Z-wave protocol (“said interactive computer network”) such that the user adjusts the 

temperature on the thermostat via the smart hub. 

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 34 of 67 PageID #: 70
Complaint, Exhibit 3.

35

[17.4] said 

communicati

on link being 

initiated by 

said at least 

one media 

terminal

Company provides the communication link being initiated by said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, to pair the thermostat to the smart hub, ‘smart home devices’ settings followed by the “Z-wave” and “Add 

Node” settings are selected on the hub to pair with the thermostat (“said communication link being initiated by said at 

least one media terminal”).

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[17.5] said at 

least one 

media node 

and said at 

least one 

media 

terminal 

structured to 

transmit said 

Company provides at least one media node and said at least one media terminal structured to transmit said at least one 

digital media file therebetween via said communication link.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, after the pairing process is complete, the smart hub allows the users to adjust the temperature settings for 

the thermostat directly from the smart hub. When the user modifies the room temperature using the smart hub, the 

adjusted temperature is reflected on the connected thermostat device as the target temperature. Therefore, it would be 

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 35 of 67 PageID #: 71
Complaint, Exhibit 3.

36

at least one 

digital media 

file 

therebetween 

via said 

communicati

on link, 

wherein

apparent to a person having ordinary skill in the art that the modified temperature instruction (“digital media file”) is 

transmitted from the smart hub to the thermostat via the established link. 

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:10 (annotated)

User adjusting 

temperature to 73° F via 

smart hub

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 36 of 67 PageID #: 72
Complaint, Exhibit 3.

37

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:57 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

Modified temperature 

(73° F) being displayed 

on thermostat device

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 37 of 67 PageID #: 73
Complaint, Exhibit 3.

38

[17.6] said 

communicati

on link is 

structured to 

bypass at 

least one 

media 

terminal 

security 

measure.

Company provides communication link is structured to bypass at least one media terminal security measure.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, once the devices are paired, a link is established between them, enabling the users to adjust the thermostat's 

temperature settings directly from the smart hub without the need to regularly pair the devices. As pairing is not necessary

each time to make temperature adjustments via the smart hub, it would be apparent to a person having ordinary skill in 

the art that the established communication link is designed to bypass security measures related to the smart hub.

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[18] The 

digital media 

communicati

on protocol 

recited in 

claim 17 

further 

comprising

a wireless 

range 

Company provides digital media communication protocol recited in claim 17 further comprising a wireless range 

structured to permit authorized access to said at least one interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, to pair the thermostat device with the smart hub, the thermostat device must be within the range of 100 

meters (“a wireless range”) of the Z-wave protocol. Further, Z-Wave network and devices in the Z-wave network are 

identified with their respective unique IDs. The unique IDs prevents unauthorized devices to access the Z-wave network. 

Therefore, it would be apparent to a person having ordinary skill in the art that the thermostat devices that are within the 

wireless range of the Z-wave protocol are structured to permit authorized access to pair with the smart hub.

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 38 of 67 PageID #: 74
Complaint, Exhibit 3.

39

structured to 

permit 

authorized 

access to said 

at least one 

interactive 

computer 

network.

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Source: https://www.techtarget.com/iotagenda/definition/Z-Wave

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[19] The 

digital media 

communicati

on protocol 

recited in 

claim 18 

wherein

Company provides digital media communication protocol recited in claim 18 wherein said at least one media node is 

disposable within said wireless range and detectable by said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the smart hub is paired to the thermostat (“one media node”) when it is located within the range of the ZWave protocol (“disposable within said wireless range”). Further, during pairing, the smart hub searches for the nearby 

thermostat devices to get paired (“detectable by said at least one media terminal”).

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 39 of 67 PageID #: 75
Complaint, Exhibit 3.

40

said at least 

one media 

node is 

disposable 

within said 

wireless 

range and 

detectable by 

said at least 

one media 

terminal.

Source: https://www.z-wave.com/learn

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[21.P] A 

digital media 

communicati

on protocol, 

comprising:

Vivint (“Company”) performs and/or induces others to perform a method of digital media communication protocol.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Media terminal

Media node

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 40 of 67 PageID #: 76
Complaint, Exhibit 3.

41

For example, Company provides a home security system, which includes automation products such as thermostats (used 

herein as an exemplary product), locks, cameras, and lighting. Further, these products operate using a smart home 

protocol (“digital media communication protocol”) that enables devices to communicate with each other, exchange 

information, and control functions.

Source: https://www.vivint.com/packages/home-security

Source: https://www.vivint.com/packages/home-security

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 41 of 67 PageID #: 77
Complaint, Exhibit 3.

42

Source: https://www.vivint.com/products/smart-thermostat (annotated)

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[21.1] at least 

one media 

terminal 

disposed in 

an accessible 

relation to at 

Company provides at least one media terminal disposed in an accessible relation to at least one interactive computer 

network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Thermostat

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 42 of 67 PageID #: 78
Complaint, Exhibit 3.

43

least one 

interactive 

computer 

network,

For example, the smart thermostat is connected (“accessible relation”) to the Vivint smart hub (“one media terminal”) 

through the Z-wave smart home protocol (“at least one interactive computer network”).

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat (annotated)

Media terminal

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 43 of 67 PageID #: 79
Complaint, Exhibit 3.

44

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[21.2] a 

wireless 

range 

structured to 

permit 

authorized 

access to said 

at least one 

interactive 

computer 

network,

Company provides a wireless range structured to permit authorized access to said at least one interactive computer 

network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, to pair the thermostat device with the smart hub, the thermostat device must be within the range of 100 

meters (“a wireless range”) of the Z-wave protocol. Further, Z-Wave network and devices in the Z-wave network are 

identified with their respective unique IDs. The unique IDs prevents unauthorized devices to access the Z-wave network. 

Therefore, it would be apparent to a person having ordinary skill in the art that the thermostat devices that are within the 

wireless range of the Z-wave protocol are structured to permit authorized access to pair with the smart hub.

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 44 of 67 PageID #: 80
Complaint, Exhibit 3.

45

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Source: https://www.techtarget.com/iotagenda/definition/Z-Wave

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[21.3] at least 

one media 

node 

disposed 

within said 

wireless 

range, said 

media node 

Company provides at least one media node disposed within said wireless range, said media node including a portable 

device being detectable by said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the smart hub is paired to the thermostat when it is located within the range of the Z-Wave protocol (“one 

media node disposed within said wireless range”). Further, during pairing, the smart hub searches for the nearby 

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 45 of 67 PageID #: 81
Complaint, Exhibit 3.

46

including a 

portable 

device being 

detectable by 

said at least 

one media 

terminal,

thermostat devices (“media node”) to get paired (“one media node including a portable device being detectable by said 

at least one media terminal”).

Source: https://www.z-wave.com/learn

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[21.4] at least 

one digital 

media file 

Company provides at least one digital media file disposed on at least one of said at least one media terminal or said at 

least one media node, said at least one media terminal structured to detect said at least one media node.

Media terminal

Media node

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 46 of 67 PageID #: 82
Complaint, Exhibit 3.

47

disposed on 

at least one of 

said at least 

one media 

terminal or 

said at least 

one media 

node, said at 

least one 

media 

terminal 

structured to 

detect said at 

least one 

media node,

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, to pair the thermostat to the smart hub, ‘smart home devices’ settings followed by “Z-wave” and “Add 

Node” settings are selected on the hub to pair with the thermostat. Further, when the thermostat’s side button is held for 

6 seconds, it starts searching (“said at least one media terminal being structured to detect said at least one media node”) 

for the Z-wave network, and upon clicking the Connect button for the searched network, the thermostat is paired with 

the smart hub. 

Furthermore, once the thermostat is connected to the smart hub, the smart hub allows users to control the thermostat by 

providing various functionalities on the smart hub such as changing room temperature, selecting different modes, and 

adjusting heating types. Therefore, it would be apparent to a person having ordinary skill in the art that the smart hub 

stores the settings to adjust the temperature on the thermostat. 

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat (annotated)

Media terminal

Media Node

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 47 of 67 PageID #: 83
Complaint, Exhibit 3.

48

Source: https://support.vivint.com/article/Smart-Hub-Adjust-Thermostat

Source: https://support.vivint.com/article/Smart-Hub-Adjust-Thermostat (annotated)

Adjust Temperature

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 48 of 67 PageID #: 84
Complaint, Exhibit 3.

49

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[21.5] a 

communicati

on link 

structured to 

dispose said 

at least one 

media 

terminal and 

said at least 

one media 

node in a 

communicati

ve relation 

with one 

another via 

Company provides a communication link structured to dispose said at least one media terminal and said at least one 

media node in a communicative relation with one another via said interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, when the pairing process is complete, a link ("communicative relation”) is established between the 

thermostat and the smart hub via Z-wave protocol (“said interactive computer network”) such that the user adjusts the 

temperature on the thermostat via the smart hub. 

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 49 of 67 PageID #: 85
Complaint, Exhibit 3.

50

said 

interactive 

computer 

network,

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[21.6] said 

communicati

on link being 

initiated by 

said at least 

one media 

terminal

Company provides communication link being initiated by said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, to pair the thermostat with the smart hub, ‘smart home devices’ settings are selected on the hub. Further, 

“Z-wave” and “Add Node” settings are selected to pair with the thermostat (“said communication link being initiated by 

said at least one media terminal”).

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 50 of 67 PageID #: 86
Complaint, Exhibit 3.

51

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[21.7] said at 

least one 

digital media 

file structured 

to be 

selectively 

transmitted 

between said 

at least one 

media node 

and said at 

least one 

media 

terminal, 

wherein

Company provides at least one digital media file structured to be selectively transmitted between said at least one media 

node and said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, after the pairing process is complete, the smart hub allows the users to adjust the temperature settings for 

the thermostat directly from the smart hub. When the user modifies the room temperature using the smart hub, the 

adjusted temperature is reflected on the connected thermostat device as the target temperature. Therefore, it would be 

apparent to a person having ordinary skill in the art that the modified temperature instruction (“digital media file”) is 

transmitted from the smart hub to the thermostat via the established link. 

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 51 of 67 PageID #: 87
Complaint, Exhibit 3.

52

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:10 (annotated)

Source: https://www.youtube.com/watch?v=NT36UmzH1A0, at 0:57 (annotated)

User adjusting 

temperature to 73° F via 

smart hub

Modified temperature 

(73° F) being displayed 

on thermostat device

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 52 of 67 PageID #: 88
Complaint, Exhibit 3.

53

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[21.8] said 

communicati

on link is 

structured to 

bypass at 

least one 

media 

terminal 

security 

measure.

Company provides communication link is structured to bypass at least one media terminal security measure.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, once the devices are paired, a link is established between them, enabling the users to adjust the thermostat's 

temperature settings directly from the smart hub without the need to regularly pair the devices. As pairing is not necessary 

each time to make temperature adjustments via the smart hub, it would be apparent to a person having ordinary skill in 

the art that the established communication link is designed to bypass security measures related to the smart hub.

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[22] The 

digital media 

communicati

on protocol 

recited in 

Company provides digital media communication protocol recited in claim 21 wherein said communication link is 

structured to bypass at least one wireless range security measure.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, once the devices are paired, a link is established between them, enabling the users to adjust the thermostat's 

temperature settings directly from the smart hub without the need to regularly pair the devices. As pairing is not necessary 

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 53 of 67 PageID #: 89
Complaint, Exhibit 3.

54

claim 21 

wherein

said 

communicati

on link is 

structured to 

bypass at 

least one 

wireless 

range 

security 

measure.

each time to make temperature adjustments via the smart hub, it would be apparent to a person having ordinary skill in 

the art that the said communication link is structured to bypass Z-Wave (“at least one wireless range”) security measure.

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[23.P] A 

digital media 

communicati

on protocol, 

comprising:

Vivint (“Company”) performs and/or induces others to perform a method of digital media communication protocol.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, Company provides a home security system, which includes automation products such as thermostats (used 

herein as an exemplary product), locks, cameras, and lighting. Further, these products operate using a smart home 

protocol (“digital media communication protocol”) that enables devices to communicate with each other, exchange 

information, and control functions.

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 54 of 67 PageID #: 90
Complaint, Exhibit 3.

55

Source: https://www.vivint.com/packages/home-security

Source: https://www.vivint.com/packages/home-security

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 55 of 67 PageID #: 91
Complaint, Exhibit 3.

56

Source: https://www.vivint.com/products/smart-thermostat (annotated)

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[23.1] at least 

one media 

terminal 

disposed in 

an accessible 

Company provides an at least one media terminal disposed in an accessible relation to at least one interactive computer 

network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Thermostat

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 56 of 67 PageID #: 92
Complaint, Exhibit 3.

57

relation to at 

least one 

interactive 

computer 

network,

For example, the smart thermostat is connected (“accessible relation”) to the Vivint smart hub (“one media terminal”) 

through the Z-wave smart home protocol (“at least one interactive computer network”).

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat (annotated)

Media terminal

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 57 of 67 PageID #: 93
Complaint, Exhibit 3.

58

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company. 

[23.2] a 

wireless 

range 

structured to 

permit 

authorized 

access to said 

at least one 

interactive 

computer 

network,

Company provides a wireless range structured to permit authorized access to said at least one interactive computer 

network. 

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, to pair the thermostat device with the smart hub, the thermostat device must be within the range of 100 

meters (“a wireless range”) of the Z-wave protocol. Further, Z-Wave network and devices in the Z-wave network are 

identified with their respective unique IDs. The unique IDs prevents unauthorized devices to access the Z-wave network. 

Therefore, upon information and belief, the thermostat devices that are within the wireless range of the Z-wave protocol 

are structured to permit authorized access to pair with the smart hub.

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 58 of 67 PageID #: 94
Complaint, Exhibit 3.

59

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Source: https://www.techtarget.com/iotagenda/definition/Z-Wave

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[23.3] at least 

one media 

node 

disposed

within said 

wireless 

range, 

Company provides an at least one media node disposed within said wireless range, wherein said at least one media node 

is detectable by said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the smart hub is paired to the thermostat (“one media node”) when it is located within the range of the ZWave protocol (“disposed within said wireless range”). Further, during pairing, the smart hub searches for the nearby 

thermostat devices to get paired (“one media node is detectable by said at least one media terminal”).

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 59 of 67 PageID #: 95
Complaint, Exhibit 3.

60

wherein said 

at least one 

media node is 

detectable by 

said at least 

one media 

terminal,

Source: https://www.z-wave.com/learn

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[23.4] at least 

one digital 

media file 

disposed on 

said at least 

Company provides an at least one digital media file disposed on said at least one media node, said at least one media 

terminal being structured to detect said at least one media node.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Media terminal

Media node

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 60 of 67 PageID #: 96
Complaint, Exhibit 3.

61

one media 

node, said at 

least one 

media 

terminal 

being 

structured to 

detect said at 

least one 

media node,

For example, the thermostat displays a current temperature and a target temperature (“digital media file initially disposed 

on said at least one media node”) and the same reading is reflected on the smart hub.

Further, to pair the thermostat and the smart hub, ‘smart home devices’ settings followed by “Z-wave” and “Add Node” 

settings are selected on the hub to pair with the thermostat. Furthermore, when the thermostat’s side button is held for 6 

seconds, it becomes detectable for the Z-wave network (“said at least one media terminal being structured to detect said 

at least one media node”), and upon clicking the Connect button for the searched network, the thermostat is paired with 

the smart hub.

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 61 of 67 PageID #: 97
Complaint, Exhibit 3.

62

Source: https://support.vivint.com/article/Smart-Hub-Adjust-Thermostat

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Media terminal

Media node

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 62 of 67 PageID #: 98
Complaint, Exhibit 3.

63

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[23.5] a 

communicati

on link 

structured to 

dispose said 

at least one 

media 

terminal and 

said at least 

one media 

node in a 

communicati

ve relation 

with one 

another via 

said at least 

one 

interactive 

computer 

network,

Company provides a communication link structured to dispose said at least one media terminal and said at least one 

media node in a communicative relation with one another via said at least one interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, when the pairing process is complete, a link ("communicative relation”) is established between the 

thermostat and the smart hub via Z-wave protocol (“said at least one interactive computer network”). 

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 63 of 67 PageID #: 99
Complaint, Exhibit 3.

64

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Source: https://www.vivint.com/resources/article/smart-home-technologies-guide

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[23.6] said 

communicati

on link being 

initiated by 

said at least 

one media 

terminal and 

structured to 

bypass at 

least one 

media 

terminal 

security 

measure,

Company provides a communication link being initiated by said at least one media terminal and structured to bypass at 

least one media terminal security measure.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, to pair the thermostat with the smart hub, ‘smart home devices’ settings followed by the ‘Z-wave’ and 

‘Add Node’ settings are selected on the hub to pair with the thermostat (“said communication link being initiated by said 

at least one media terminal”). Further, once the devices are paired, a link is established between them, enabling the users 

to adjust the thermostat's temperature settings both from the thermostat and the smart hub as they are integrated with 

each other. As pairing is not necessary each time to make temperature adjustments via the smart hub, it would be apparent 

to a person having ordinary skill in the art that the established communication link is designed to bypass security 

measures related to the smart hub.

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 64 of 67 PageID #: 100
Complaint, Exhibit 3.

65

Source: https://support.vivint.com/article/Smart-Properties-Element-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

[23.7] said 

media node 

structured to 

transmit said 

at least one 

digital media 

file to said 

media 

terminal via 

said 

communicati

on link.

Company provides media node structured to transmit said at least one digital media file to said media terminal via said 

communication link.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, after the pairing process is complete, the smart hub and the thermostat are connected to each other. Since, 

the smart hub and the thermostat are fully integrated, the temperature measured by the thermostat is reflected on the 

bottom of the smart hub screen. Therefore, it would be apparent to a person having ordinary skill in the art that the 

thermostat constantly syncs the temperature reading with the smart hub (“media node structured to transmit said at least 

one digital media file to said media terminal via said communication link”). 

Source: https://www.vivint.com/products/smart-thermostat

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 65 of 67 PageID #: 101
Complaint, Exhibit 3.

66

Source: https://support.vivint.com/article/Smart-Hub-Adjust-Thermostat

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Company.

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 66 of 67 PageID #: 102
Complaint, Exhibit 3.

67

2. List of References

1. https://www.vivint.com/packages/home-security, last accessed on 08th February, 2023.

2. https://www.vivint.com/products/smart-thermostat, last accessed on 08th February, 2023.

3. https://www.vivint.com/resources/article/smart-home-technologies-guide, last accessed on 08th February, 2023.

4. https://support.vivint.com/article/Smart-Properties-Element-Thermostat, last accessed on 08th February, 2023.

5. https://support.vivint.com/article/Smart-Hub-Adjust-Thermostat, last accessed on 08th February, 2023.

6. https://www.youtube.com/watch?v=NT36UmzH1A0, last accessed on 08th February, 2023.

7. https://support.vivint.com/article/element-change-temperature, last accessed on 08th February, 2023.

8. https://www.z-wave.com/learn, last accessed on 08th February, 2023.

9. https://www.techtarget.com/iotagenda/definition/Z-Wave, last accessed on 08th February, 2023.

Case 2:24-cv-00098-JRG-RSP Document 1-3 Filed 02/13/24 Page 67 of 67 PageID #: 103