Uniloc v. Hulu: PTAB Can Consider Patent Eligibility under § 101 for Substitute Claims in IPR

August 25, 2020

Authored and Edited by Brandon T. Andersen; Kevin D. Rodkey

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.

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