Uniloc 2017 LLC v. Hulu, LLC, No. 19-1686 (Fed. Cir. 2020)
Annotate this CaseEntitled “System and Method for Adjustable Licensing of Digital Products,” Uniloc’s 960 patent is directed to the problem that consumers of software use digital products on multiple devices, where consumers have “a legitimate need to install and use the software on every computer.” On Hulu’s petition, the Patent Trial and Appeal Board instituted Inter Partes Review (IPR) and found multiple claims unpatentable over the prior art. During the IPR, Uniloc had filed a Motion to Amend, asking the Board to enter Substitute Claims for specific independent claims if the latter were found unpatentable. Hulu opposed the Motion, arguing that the Substitute Claims are directed to patent-ineligible subject matter. Uniloc replied that Hulu was not permitted to raise an argument under 35 U.S.C. 101 in opposition to the Substitute Claims but did not raise substantive arguments that its Substitute Claims meet the section 101 standards for eligibility. The Board denied Uniloc’s Motion, based solely on ineligibility. The Federal Circuit affirmed the judgment of invalidity of all original claims and subsequently affirmed the denial of Uniloc’s motion for rehearing. The Board correctly concluded that it is not limited by section 311(b) in its review of proposed substitute claims in an IPR and that it may consider section 101 eligibility.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.