In today’s Uniloc v. Hulu decision, the Federal Circuit held that the PTAB is permitted to consider all issues of patentability, including § 101 (and presumably including § 112), when a patent owner proposes new claims in an inter partes review (IPR). While a petitioner can only file an IPR petition based on § 102…
Tag Archive for amendments
A Follow-up on CyWee and ZTE v. LG and the Public
by Josh Landau •
A few weeks ago, I covered a PTAB case that illustrates why the PTO’s proposed rule on who bears the burden on amended claims in IPRs is fatally flawed. In that case, ZTE challenged a CyWee patent and LG joined the ZTE petition. But CyWee filed an amended claim that ZTE wasn’t concerned by. ZTE…
CyWee, ZTE, and the PTAB v. the Public Interest
by Josh Landau •
In an order issued this week in IPR2019-00143, a panel of PTAB judges decided that the public has no interest in ensuring that only valid patent claims issue from the Patent Office. That’s not an exaggeration—if anything, it understates the case. In fact, the PTAB order states that “the public is generally likely to benefit…