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MarketScreener Homepage  >  Equities  >  Nyse  >  Emerson Electric Co.    EMR

EMERSON ELECTRIC CO.

(EMR)
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Emerson Electric : Eligibility For CBM Review Is Not Appealable

11/20/2020 | 07:13am EST

SIPCO, LLC v. EMERSON ELECTRIC CO.

Before O'Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board.

Summary: The Board's determination that a patent qualifies for CBM review is non-appealable under 35 U.S.C. § 324(e).

Emerson petitioned the Patent Trial and Appeal Board (Board) for covered business method (CBM) review of SIPCO's patent. The Board determined the patent qualifies for CBM review, instituted review, and issued a final written decision finding the challenged claims patent-ineligible under § 101 and obvious under § 103. The Federal Circuit vacated the Board's decision, including its determination that the patent qualified for CBM review.

Emerson petitioned for a writ of certiorari to the U.S. Supreme Court based on 35 U.S.C. § 324(e), which prohibits appeals of the decision to institute CBM review. Emerson asserted that § 324(e) extends to prohibit appeals of the Board's determination that a patent qualifies for CBM review. The Supreme Court granted Emerson's petition, vacated the Federal Circuit's opinion, and remanded for further consideration in light of the Supreme Court's decision in Thryv, Inc. v. Click-to-Call Technologies, LP, 140 S. Ct. 1367 (2020).

On remand in light of Thryv, the Federal Circuit agreed that § 324(e) extends to prohibit appeals of the Board's determination that a patent qualifies for CBM review. In Thryv, the Supreme Court held that a no-appeal provision for inter partes review (IPR) prohibits appeals of the Board's determination regarding whether an IPR petition is time barred. The Federal Circuit noted that, as set forth in Thryv and other precedent, judicial review is not available "where the grounds for attacking the decision to institute inter partes review consist of questions that are closely tied to the application and interpretation of statutes related to the Patent Office's decision to initiate inter partes review." Applying that rationale to the CBM context, the Federal Circuit reasoned that a patent's qualification for CBM review is expressly and exclusively tied to the decision to institute the proceeding. The Federal Circuit therefore held that it was precluded from reviewing the Board's determination that SIPCO's patent qualifies for CBM review. The Federal Circuit affirmed the Board's determination that the challenged claims would have been obvious, and did not reach the Board's patentability decision under § 101.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Ms Atiya M. Myers
Knobbe Martens
12790 El Camino Real
California
CA 92130
UNITED STATES

© Mondaq Ltd, 2020 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com, source Business Briefing

Stocks mentioned in the article
ChangeLast1st jan.
EMERSON ELECTRIC CO. -2.26% 81.72 Delayed Quote.4.18%
THRYV HOLDINGS, INC. -3.25% 18.48 Delayed Quote.41.48%
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Financials (USD)
Sales 2021 17 272 M - -
Net income 2021 1 967 M - -
Net Debt 2021 4 166 M - -
P/E ratio 2021 25,5x
Yield 2021 2,37%
Capitalization 50 194 M 50 194 M -
EV / Sales 2021 3,15x
EV / Sales 2022 2,94x
Nbr of Employees 83 500
Free-Float 62,3%
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Technical analysis trends EMERSON ELECTRIC CO.
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Income Statement Evolution
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Mean consensus OUTPERFORM
Number of Analysts 24
Average target price 85,70 $
Last Close Price 83,73 $
Spread / Highest target 24,2%
Spread / Average Target 2,35%
Spread / Lowest Target -16,4%
EPS Revisions
Managers and Directors
NameTitle
David N. Farr Chairman & Chief Executive Officer
Michael H. Train President
Steven J. Pelch Chief Operating Officer & Executive Vice President
Frank J. Dellaquila Chief Financial Officer & Senior Executive VP
Jake Fritz Chief Information Officer & Vice President
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