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Ultramercial, Inc. v. Hulu, LLC

The United States District Court for the Central District of California dismissed this patent suit, filed by Ultramercial, LLC and Ultramercial, Inc. (collectively, “Ultramercial”), by holding that U.S. Patent No. 7,346,545 (“the ’545 patent”) does not claim patent-eligible subject matter. In an earlier decision, later vacated by the United States Supreme Court, this court reversed the district court’s holding and remanded. Ultramercial, LLC v. Hulu, LLC, 657 F.3d 1325 (Fed. Cir. 2011), vacated sub nom. WildTangent, Inc. v. Ultramercial, LLC, 132 S.Ct. 2431 (2012). Because this court again holds that the district court erred in holding that the subject matter of the ’545 patent is not a “process” within the language and meaning of 35 U.S.C. § 101, this court again reverses and remands.

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