In Re PSIP LLC ( 2023 )

Case: 24-1001 Document: 16 Page: 1 Filed: 12/19/2023 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ In re: PSIP LLC, Appellant ______________________ 2024-1001 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. 16/511,368. ______________________ ON MOTION ______________________ Before DYK, BRYSON, and TARANTO, Circuit Judges. PER CURIAM. ORDER The United States Patent and Trademark Office (“USPTO”) moves for remand to permit further proceedings before the agency. PSIP LLC does not oppose remand but asks the court to limit the scope of the remand and to retain jurisdiction while the proceedings are conducted. After considering the parties’ submissions, we conclude that the best course is to remand this case to the Patent Trial and Appeal Board to permit the Board to take such steps as are necessary (including, potentially, further re- manding the case to the Examiner) to resolve the issues pointed out by the parties and place this case in an Case: 24-1001 Document: 16 Page: 2 Filed: 12/19/2023 2 IN RE: PSIP LLC appropriate posture for appellate review. This court will retain jurisdiction over the case, so that following the pro- ceedings on remand, the appellant can resume proceedings in this court under the same docket number without having to initiate a new appeal. The court directs that the remand proceedings be conducted expeditiously. Accordingly, IT IS ORDERED THAT: The motion is granted, and the appeal is remanded to the USPTO. The court will retain jurisdiction during the remand proceedings. FOR THE COURT December 19, 2023 Date