Ultramercial, Inc. v. Hulu, LLC, No. 10-1544 (Fed. Cir. 2014)Annotate this Case
The 545 patent claims a method for distributing copyrighted products (songs, movies, books) over the Internet where the consumer receives a copyrighted product for free in exchange for viewing an advertisement, and the advertiser pays for the copyrighted content. The district court dismissed an infringement claim. The Federal Circuit reversed and remanded. The patent claims a "process" within the meaning of 35 U.S.C. 101. The Supreme Court vacated in 2012. In 2013 the Federal Circuit held that the district court erred in dismissing for failure to claim statutory subject matter. Meanwhile, the Supreme Court clarified that a claim that is directed to an abstract idea does not move into section 101 eligibility territory by “merely requir[ing] generic computer implementation” and again vacated. On remand, the Federal Circuit affirmed dismissal, referring to the claim as an abstract idea.
This opinion or order relates to an opinion or order originally issued on September 15, 2011.