On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) in SIPCO, LLC v. Emerson Electric Co. affirmed a determination of the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) that the claims at issue were obvious in view of the prior art in an appeal that was returned to the CAFC on remand from the U.S. Supreme Court. In particular, the CAFC concluded that, according to the recent Supreme Court decision in Thryv, Inc. v. Click-to-Call Technologies, LP, “§ 324(e) prohibits judicial review of SIPCO’s challenge because it is nothing more than a contention that the agency should have refused to institute [covered business method] CBM review.” The CAFC also affirmed the PTAB’s determination that the claims at issue were obvious in view of the prior art.
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