Case Study: Ultramercial V. Hulu

Law360, New York (November 14, 2011, 12:44 PM EST) -- Has the Federal Circuit swung back the patentability pendulum toward finding that business methods, including software-implemented methods, are patentable subject matter under 35 U.S.C. § 101 (“Section 101”)? Perhaps so, given that on Sept. 15, 2011, the Court of Appeals for the Federal Circuit issued its opinion in Ultramercial LLC v. Hulu LLC, holding that a method for viewing copyrighted content via the Internet in exchange for viewing an advertisement is patent-eligible subject matter.

The Federal Circuit indicated that a business method is more likely to...
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