Justices Tell Fed. Circ. To Rethink CBM Appeals Post-Thryv
By Britain Eakin (June 15, 2020, 4:16 PM EDT) -- The U.S. Supreme Court on Monday ordered the Federal Circuit to further consider whether Patent Trial and Appeal Board determinations that find patents qualify for covered business method review are appealable, following the high court's recent decision barring other types of appeals from the board.
Emerson Electric Co. had asked the justices to reverse a Federal Circuit decision ordering the PTAB to reconsider whether a Sipco LLC patent the board invalidated as being abstract qualified for CBM review. However, the justices instead said the appeals court should reconsider its decision by taking into account the Supreme Court's April ruling that appeals are...
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