Panel: In IPR Proceedings, New Claims Can Be Assessed For Patent Eligibility

Mealey's (July 23, 2020, 2:00 PM EDT) -- WASHINGTON, D.C. — In a divided July 22 holding, the Federal Circuit U.S. Court of Appeals affirmed that it is permissible in an inter partes review (IPR) for the Patent Trial and Appeal Board (PTAB or board) to assess patent eligibility for newly proposed substitute claims (Uniloc 2017 LLC v. Hulu LLC, et al., No. 19-1686, Fed. Cir., 2020 U.S. App. LEXIS 22835)....