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Ultramercial v. Hulu II (722 F.3d 1335, 2013 Jun 21)

Decision Parameters

Decisions It Cites

    O'Reilly v. Morse [56 U.S. 15, 1853]
    Gottschalk v. Benson [409 U.S. 63, 1972]
    Diamond v. Chakrabarty [447 U.S. 303, 1980]
    Parker v. Flook [437 U.S. 584, 1978]
    Diamond v. Diehr [450 U.S. 175, 1981]
    In re Alappat [33 F.3d 1526, 1994]
    Bilski v. Kappos [561 U.S. 593, 2010]
    Research Corp v. Microsoft [627 F.3d 859, 2010]
    Ultramerical v. Hulu I [657 F.3d 1325, 2011]
    Mayo Collaborative v. Prometheus Laboratories [566 U.S. ___, 2012]

Decisions That Cite It

Rules & Quotes

[BUSINESS] {1} The '545 patent seeks to remedy problems with prior art banner advertising over the Internet, such as declining click-through rates, by introducing a method of product distribution that forces consumers to view and possibly even interact with advertisements before permitting access to the desired media product. '545 patent col. 2, ll.14-18. By its terms, the claimed invention purports to improve existing technology in the marketplace. By its terms, the claimed invention invokes computers and applications of computer technology.

[ABSTRACT] {2} Further, and even without formal claim construction, it is clear that several steps plainly require that the method be performed through computers, on the internet, and in a cyber-market environment. One clear example is the third step, "providing said media products for sale on an Internet website." Id. col. 8, ll. 20-21. And, of course, if the products are offered for sale on the Internet, they must be "restricted"—step four—by complex computer programming as well. In addition, Figure 1, alone, demonstrates that the claim is not to some disembodied abstract idea but is instead a specific application of a method implemented by several computer systems, operating in tandem, over a communications network.

[ABSTRACT] {3} The court also notes that the claims in this case are not highly generalized. Instead, the ten specific steps in the claim limit any abstract concept within the scope of the invention. Further, common sense alone establishes that these steps are not inherent in the idea of monetizing advertising. There are myriad ways to accomplish that abstract concept that do not infringe these claims.

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