News & Analysis as of

Patents Hulu

Rothwell, Figg, Ernst & Manbeck, P.C.

Streaming Wars? Streaming Giants Netflix and Hulu Team Up Against Streaming Technology Patent Owner

It seems as if Netflix and Hulu are continuously pumping out new content in their endless battle to win over more monthly subscribers. However, when a third-party asserts patents covering streaming technology against both...more

WilmerHale

Federal Circuit Patent Watch - May 2022 #2

WilmerHale on

Precedential Federal Circuit Opinions - SOUND VIEW INNOVATIONS, LLC v. HULU, LLC [OPINION] (2021-1998, 05/11/2022) (Prost, Meyer, Taranto) - Taranto, J. The Court vacated and remanded the district court’s grant of...more

McDermott Will & Emery

Use of Negative Claim Construction is Unsound

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated a district court’s noninfringement decision that was based on a negative claim construction and remanded with instructions for the district court to determine what...more

Knobbe Martens

Negative Claim Construction Found Inadequate

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SOUND VIEW INNOVATIONS, LLC v. HULU, LLC - Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the Central District of California. Summary: It was improper to find a claim limitation...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Substitute Claims Proposed in an IPR are Subject to Patent Eligibility Review Under Section 101

In Uniloc 2017 LLC v. Hulu, LLC, Netflix, Inc. (July 22, 2020), the Federal Circuit held that the Patent Trial and Appeal Board (“the PTAB”) may consider, in its review of substitute claims proposed in an inter partes review...more

Mintz - Intellectual Property Viewpoints

“Anything Goes” – Federal Circuit Says PTAB Can Use Any Means to Knock Out Substitute Claims (Uniloc v. Hulu: Part 2)

Yesterday we discussed the Federal Circuit’s decision in Uniloc 2017 LLC v. Hulu, LLC confirming the Board’s authority to review contingent substitute claims after the original claims have been held invalid by a federal...more

McDonnell Boehnen Hulbert & Berghoff LLP

Uniloc 2017 LLC v. Hulu, LLC (Fed. Cir. 2020)

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...more

Haug Partners LLP

Uniloc v. Hulu - Federal Circuit Clash over Scope of PTAB Review of Substitute Claims

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WHAT DO WE KNOW? 1. On July 22, 2020, a sharply split Federal Circuit panel held that “[t]he PTAB correctly concluded that it is not limited by § 311(b) in its review of proposed substitute claims in an IPR, and that it...more

Jones Day

POP: What Makes A Book A “Printed Publication”?

Jones Day on

A petition to institute an inter partes review (IPR) can only be filed on the basis of prior art consisting of patents and printed publications. But what makes a reference a “printed publication”? On December 20, 2019, the...more

WilmerHale

Precedential Opinion Panel Clarifies Reasonable Likelihood Standard for Printed Publications at the Institution Stage of...

WilmerHale on

On December 20, 2019, the Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board (PTAB) issued its decision in IPR2018-01039, addressing “What is required for a petitioner to establish that an asserted...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - December 2019: PTAB Precedential Opinion Panel Clarifies the Standard for Establishing a Reference...

In a recent precedential decision, Hulu, LLC v. Sound View Innovations, LLC, the Patent Trial and Appeal Board’s Precedential Opinion Panel (POP) clarified the standard for establishing a reference as a “printed publication”...more

Akin Gump Strauss Hauer & Feld LLP

Court Allows Plaintiff to Call Defendant’s In-House Attorney Responsible for Supervising Trial to Testify About Advice of Counsel...

In Sound View Innovations, LLC v. Hulu, LLC, a district court denied Hulu’s motion to quash a subpoena directed to its trial-supervising in-house attorney. The court agreed that Sound View may question Hulu’s attorney live,...more

Jones Day

The Federal Circuit Criticizes A PTAB Partial Institution

Jones Day on

The PTAB’s practice of partially instituting IPRs has been in the news lately, with Jones Day recently arguing against that practice at the Supreme Court on behalf of the SAS Institute (“SAS”). On December 5, 2017, the week...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ultramercial v. WildTangent -- Petition for Writ of Certiorari

The Ultramercial story is not over. In the latest step of a controversial case involving 35 U.S.C. § 101 that has been ongoing since 2009, patentee Ultramercial has petitioned the Supreme Court for a writ of certiorari. The...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ultramercial Inc. v. Hulu LLC (Fed. Cir. 2014)

Ultramercial sued Hulu, YouTube, and WildTangent for infringement of U.S. Patent No. 7,346,545. Hulu and YouTube were eventually dismissed from the case. On a 12(b)(6) motion, and without construing the claims, the District...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ultramercial Inc. v. Hulu LLC -- Party Briefs

This case has a storied history. Ultramercial sued Hulu, YouTube, and WildTangent for infringement of U.S. Patent No. 7,346,545. Hulu and YouTube were eventually dismissed from the case. On a 12(b)(6) motion, the District...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ultramercial, Inc. v. Hulu, LLC (Fed. Cir. 2013)

It has been just over a month since the Federal Circuit's fractured en banc ruling in CLS Bank Int'l v. Alice Corp. regarding patent-eligibility of computer-implemented inventions under 35 U.S.C. § 101. Last week, the Court...more

Burns & Levinson LLP

Slow Down, You Are Going Too Fast! The CAFC Again Remands Hulu Back to the District Court

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After the Supreme Court granted certiorari, vacated and remanded ULTRAMERCIAL, INC. v. HULU, LLC, the District Court dismissed, without interpreting (construing) the claims, for failure to state a claim for which relief can...more

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