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[JUDICIAL ERROR - DUE PROCESS] Ultramercial v. Hulu III (2010-1544, 2014 November 14)

Decision Parameters

Decisions It Cites

    Alice Corp. v. CLS Bank [573 U.S. ___, 2014]

Decisions That Cite It

Rules & Quotes

[JUDICIAL ERROR - DUE PROCESS] {1} This ordered combination of steps recites an abstraction - an idea, having no particular concrete or tangible form. ... The process of receiving copyrighted media, selecting an ad, offering the media in exchange for watching the selected ad, displaying the ad, allowing the consumer access to the media, and receiving payment from the sponsor of the ad all describe an abstract idea, devoid of a concrete or tangible application. ... Although certain additional limitations, such as consulting an activity log, add a degree of particularity, the concept embodied by the majority of the limitations describes only the abstract idea of showing an advertisement before delivering free content.

[JUDICIAL ERROR - DUE PROCESS] {2} Because the purported inventive concept in Ultramercial's asserted claims is an entrepreneurial rather than a technological one, they fall outside section 101. ... Alice articulated a technological arts test for patent eligibility [being] an improvement in any other technology or technical field. ... advances in non-technological disciplines - such as business, law or the social sciences - simply do not count.

[JUDICIAL ERROR - DUE PROCESS] {3} To satisfy the technological arts test, claims must harness natural laws and scientific principles - and use them to solve intractable problems.

[JUDICIAL ERROR - DUE PROCESS] It is a violation of the Due Process clause of the Constitution to deprive someone of their property rights with a law or court decision that rests on an undefined word (here 'abstract', 'technological', and 'intractable') that is undefined and/or vague.

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