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ULTRAMERCIAL, LLC v. HULU, LLC

No. 2010-1544.

657 F.3d 1323 (2011)

ULTRAMERCIAL, LLC and Ultramercial, Inc., Plaintiffs-Appellants, v. HULU, LLC, Defendant, WildTangent, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 15, 2011.

Attorney(s) appearing for the Case

Lawrence M. Hadley , Hennigan Dorman , LLP, of Los Angeles, CA, argued for plaintiffs-appellants. With him on the brief were Hazim Ansari and Mieke K. Malmberg.

Gregory C. Garre , Latham & Watkins, LLP, of Washington, DC, argued for defendant-appellee. On the brief were Richard G. Frenkel and Lisa K. Nguyen, Menlo Park, CA. Of counsel was Richard P. Bess.

Before RADER, Chief Judge, LOURIE and O'MALLEY, Circuit Judges.

RADER, Chief Judge.

The United States District Court for the Central District of California dismissed Ultramercial, LLC and Ultramercial, Inc.'s (collectively, "Ultramercial") patent infringement claims, finding that U.S. Patent No. 7,346,545 ("the '545 patent") does not claim patent-eligible subject matter. Because the '545 patent claims a "process" within the language and meaning of 35 U.S.C. § 101, this court reverses and remands.

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