Tag Archive for thryv

Covered Business Method Review and Thryv

On Monday, the Supreme Court granted, vacated, and remanded (GVRed) the Federal Circuit’s decision in Emerson Electric v. SIPCO in light of this year’s Thryv decision.  Emerson was challenging the Federal Circuit’s overturning of the USPTO’s determination that the SIPCO patent was eligible for review under the covered business method (CBM) program. With the Court’s…

Thryv, the PTAB, and the APA

April’s Thryv decision by the Supreme Court clarified the nonappealability of institution decisions in inter partes review (IPR).  But by placing an absolute bar on appeal of institution decisions, Thryv effectively insulated the PTO’s choice of institution rules from appeal.  That’s not a good situation, and it’s one which the Director should actively seek to…