SIPCO, LLC v. Emerson Electric Co. (Fed. Cir., Nov. 17, 2020)

In light of the Supreme Court's decision in Thryv, Inc. v. Click-to-Call Technologies, LP, 140 S. Ct. 1367 (2020), the Court of Appeals for the Federal Circuit held, on remand, that it is precluded from reviewing the Patent Trial and Appeal Board's determination that SIPCO's patent qualified for CBM review because "[t]he determination that a patent qualifies for CBM review is thus expressly and exclusively tied to the decision to institute the proceeding."

Read the case here.

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