ULTRAMERCIAL, INC. v. HULU, LLC

No. 2010-1544.

772 F.3d 709 (2014)

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

United States Court of Appeals, Federal Circuit.

November 14, 2014.


Attorney(s) appearing for the Case

Lawrence M. Hadley , McKool Smith Hennigan, P.C., of Los Angeles, CA, for Plaintiffs-Appellants.

Gregory G. Garre , Latham & Watkins LLP, of Washington, DC, for Defendant-Appellee. With him on the supplemental brief were Gabriel K. Bell , of Washington, DC, and Richard G. Frenkel and Lisa K. Nguyen , of Menlo Park, CA. Of counsel were Richard P. Bress and Katherine I. Twomey , of Washington, DC.

Charles Duan , Public Knowledge, of Washington, DC, for amicus curiae Public Knowledge.

Daniel Nazer , Electronic Frontier Foundation, of San Francisco, CA, for amicus curiae Electronic Frontier Foundation. With him on the brief was Vera Ranieri . Of counsel was Julie P. Samuels .

Daryl L. Joseffer , King & Spalding LLP, of Washington, DC, for amicus curiae Google Inc. With him on the brief was Adam M. Conrad , of Charlotte, NC.

James L. Quarles III , Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, for amicus curiae the Clearing House Association, L.L.C. With him on the brief were Gregory H. Lantier , Thomas G. Saunders , and Daniel Aguilar .

Opinion for the court filed by Circuit Judge LOURIE. Concurring Opinion filed by Circuit Judge MAYER.


LOURIE, Circuit Judge.

This appeal has returned to the court following an up and down journey to and from the Supreme Court. In our original decision, we reversed the district court's holding that granted WildTangent, Inc.'s ("WildTangent") motion to dismiss Ultramercial, LLC and Ultramercial, Inc.'s (collectively "Ultramercial") patent infringement complaint under Fed.R.Civ.P. 12(b)(6). See Ultramercial, LLC v. Hulu, LLC, 657 F.3d 1323

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