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ULTRAMERCIAL, INC. v. HULU, LLC

No. 2010-1544.

722 F.3d 1335 (2013)

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

United States Court of Appeals, Federal Circuit.

June 21, 2013.

Attorney(s) appearing for the Case

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

Gregory G. Garre , Latham & Watkins, LLP, of Washington, DC, argued for defendant-appellee. On the brief were Richard G. Frenkel and Lisa K. Nguyen , of Palo Alto, CA. Of counsel were Richard P. Bress , Gabriel Bell and Katherine Twomey , of Washington, DC.

Concurring opinion filed by Circuit Judge LOURIE.

RADER, Chief Judge.

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...

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