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Hulu decision designated informative by US Patent Trial and Appeal Board

( May 7, 2025, 18:18 GMT | Official Statement) -- MLex Summary: A recent decision by USPTO Acting Director Coke Morgan Stewart that a final judgment of patent ineligibility in district court supports discretionary denial of inter partes review of the same patent was designated informative by the Patent Trial and Appeal Board. In April, Morgan put the brakes on a challenge by Hulu LLC to an advertisement embedding patent owned by Piranha Media Distribution “because the patent claims already stand invalid” in the parties’ parallel proceedings in the Central District of California. Thus, Stewart said, it is “unnecessary to institute another proceeding to review them for patentability under other grounds.” The Director Review decision further counsels that although ineligibility is not a factor for discretionary denial under Apple v. Fintiv, efficiency is — and “where a district court already has found the challenged claims invalid, the efficiency and integrity of the patent system is best served by denying institution.”See attached document....

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