Patent Office Says Thryv Ruling Bars CBM Review Appeals

By Tiffany Hu (September 9, 2020, 9:12 PM EDT) -- The U.S. patent agency and a patent challenger have urged the Federal Circuit to find that Patent Trial and Appeal Board determinations that a patent qualifies for covered business method review are not appealable in light of the U.S. Supreme Court's Thryv ruling.

After holding in Thryv Inc. v. Click-to-Call Technologies LP that the PTAB's decisions over whether an inter partes review petition was filed in a timely manner cannot be appealed, the high court in June sent a case involving a Sipco LLC patent back to the Federal Circuit to consider whether the Thryv ruling likewise bars the board's decisions...

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