United States:
Uniloc v. Hulu: PTAB Can Consider Patent Eligibility Under § 101 For Substitute Claims In IPR
26 August 2020
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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In Uniloc 2017 LLC v. Hulu,
LLC, the Federal Circuit held that the Patent Trial and
Appeal Board ("PTAB") may consider patent eligibility of
substitute claims presented in an inter partes review
("IPR"). The Federal Circuit found that the
PTAB's authority to issue final written decisions determining
"patentability" permits it to consider patent eligibility
under 35 U.S.C. § 101 for substitute claims presented by
a patent owner. For additional details, please see the related
post on Finnegan's Federal Circuit IP
Blog.
Originally published August 25, 2020.
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.
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