Analysis

3 Takeaways As Fed. Circ. Boosts PTAB Amendment Scrutiny

Law360 (July 27, 2020, 9:44 PM EDT) -- The Federal Circuit last week said the Patent Trial and Appeal Board can reject proposed amended patent claims under Alice, a ruling that could also open the door for appeals involving patents that have already been invalidated. Here's a look at the ramifications of the decision.

The PTAB Can More Rigorously Police Amendments

In a 2-1 ruling on July 22, the Federal Circuit affirmed a PTAB inter partes review decision that Uniloc could not amend its software license patent because challengers Hulu and Netflix had shown the proposed new claims cover only a patent-ineligible abstract idea. As a result, the board...

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