Federal Circuit Finds “Technological Invention” Exception May Bar CBM Review
On September 25, 2019, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion vacating a final written decision by the Patent Trial and Appeal Board (“PTAB”) finding certain patent claims eligible for covered-business-method-patent (“CBM”) review. SIPCO, LLC v. Emerson Elec. Co., —F.3d—, (Fed. Cir. September 25, 2019). The CAFC remanded to the PTAB for further consideration of the statutory “technical invention” exception to CBM eligibility.