News & Analysis as of

Patent-Eligible Subject Matter › Hulu

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
Rothwell, Figg, Ernst & Manbeck, P.C.

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

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

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

McDermott Will & Emery

PTAB May Reject Substitute Claims Under Any Basis of Patentability

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit considered for the first time whether a district court’s invalidity determination, when made final after all appeals are exhausted, divests the Patent Trial and Appeal Board...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)

Mintz - Intellectual Property Viewpoints on

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)

McDonnell Boehnen Hulbert & Berghoff LLP on

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

Haug Partners LLP on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Ultramercial v. WildTangent -- Petition for Writ of Certiorari

McDonnell Boehnen Hulbert & Berghoff LLP on

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)

McDonnell Boehnen Hulbert & Berghoff LLP on

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

McDonnell Boehnen Hulbert & Berghoff LLP on

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)

McDonnell Boehnen Hulbert & Berghoff LLP on

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

Burns & Levinson LLP on

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

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide