News & Analysis as of

Software Ultramercial v Hulu

McDonnell Boehnen Hulbert & Berghoff LLP

Internet Patents Corp. v. Active Network, Inc. (Fed Cir. 2015)

Since late last year, the main theme of many 35 U.S.C. § 101 disputes has been whether claims under review are more like those in Ultramercial Inc. v. Hulu LLC or DDR Holdings, LLC v. Hotels.com. In the former case, the...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

Fenwick & West LLP

The Day the Exception Swallowed the Rule: Is Any Software Patent Eligible After Ultramercial III?

Fenwick & West LLP on

The Supreme Court has consistently cautioned that the judicial exceptions to patent eligibility need to be carefully applied: At the same time, we tread carefully in construing this exclusionary principle lest it...more

Nossaman LLP

In Light of Alice the Federal Circuit Flips – Finding Ultramercial Business Method Software Lacks Patent Eligibility

Nossaman LLP on

On Thursday, November 14, 2014, the Federal Circuit issued its latest decision in Ultramercial, Inc. v. Hulu, LLC and WildTangent, Inc., 2014 U.S. App. Lexis 21633 – a case that has been through a four-year appeal process and...more

Orrick, Herrington & Sutcliffe LLP

Ultramercial Inc. v. Hulu, LLC: Federal Circuit Invites Early Challenges to Subject Matter Eligibility of Software Patents

Earlier this year, in Alice v. CLS Bank, the Supreme Court set out guidelines for determining whether patents claiming software and hardware features are statutorily eligible for patentability under 35 U.S.C. § 101. Following...more

Dorsey & Whitney LLP

Ultramercial: Software Patent Invalidated After Application of Alice, Patent Eligibility Becoming Threshold Question for...

Dorsey & Whitney LLP on

The Federal Circuit recently applied Alice Corp. v. CLS Bank to invalidate all claims of a patented method for advertising over the Internet in Ultramercial, Inc. v. Hulu, LLC (Fed. Cir. November 14, 2014). Like the Supreme...more

K&L Gates LLP

What Is Next for Software Patents?

K&L Gates LLP on

Over the past few weeks, the United States federal courts and the patent office have issued several significant decisions addressing the patent subject matter eligibility of software-related inventions in the United States....more

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