By James L. Lovsin — Last week, in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board may consider patent eligibility under 35 U.S.C. § 101 for substitute claims. The appeal raises issues of finality as well as the Board’s authority. Judge O’Malley filed a dissenting opinion—nearly as long as the majority opinion—on both issues, which may signal that this case could be headed for rehearing. Judge O’Malley stated that as a result of the Court’s decision, “when it comes to substitute claims, the Board can engage in full-blown examination.” The parties…
