This morning, the Federal Circuit issued a nonprecedential opinion in a patent case. Here is the introduction to the opinion.
Emerson Electric Co. v. SIPCO, LLC (Nonprecedential)
This is an appeal from an inter partes review proceeding requested by Emerson Electric Co. (“Emerson”). The U.S. Patent Trial and Appeal Board (the “Board”) concluded that claims 32, 34, 37–38, 55–57 and 59 (the “Ground 3 claims”) of U.S. Patent No. 6,437,692 (“the ’692 patent”) are unpatentable because they are anticipated, or would have been obvious over the Cunningham reference. J.A. 33–51. The Board concluded, however, that Emerson failed to establish, by a preponderance of the evidence, that claims 1, 3–8, and 11–14 (the “Ground 1 claims”) and claims 24–31, 42, 43, 46–49, 51–54 and 60–64 (the “Ground 2 claims”) are unpatentable. J.A. 51. Emerson appeals the Board’s findings of patentability with respect to the Ground 2 claims. Patent Owner SIPCO, LLC (“SIPCO”) cross-appeals the Board’s invalidity findings with respect to the Ground 3 claims. Because we agree with the Board’s claim construction of the “low-power radio frequency signal” limitations and conclude that substantial evidence supports the Boards underlying factual findings, we affirm.