This morning the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.
SIPCO, LLC v. Emerson Electric Co. (Nonprecedential)
SIPCO, LLC appeals the Patent Trial and Appeal Board’s final written decision holding claims 1–3, 6, 8–11, 13–21, and 25 of U.S. Patent No. 7,697,492 unpatentable under 35 U.S.C. §§ 102 and 103. SIPCO does not challenge the Board’s holding with respect to claims 8–9, 11, and 13. Because the Board erred in its construction of the claim term “scalable address” as used in claims 1–3, 6, 14–21, and 25, and because the Board’s findings that claim 10 would have been unpatentable based on Johnson were also based on that erroneous construction, we vacate and remand.