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Federal Circuit Finds Internet Method Unpatentable Under Alice
On Nov. 14, 2014, a unanimous Federal Circuit panel of Judges Lourie, Mayer, and O'Malley, issued an opinion, authored by Judge Lourie, in Ultramercial, Inc. v. Hulu, LLC, Case No. 2010-1544. The panel upheld the lower court's dismissal of Ultramerical's infringement action and finding that the patent-in-suit does not claim patent-eligible subject matter. Judge O'Malley wrote a separate concurrence.
Ultramercial owns a patent directed to a method for distributing copyrighted media products over the internet, where the customer receives a copyrighted media product at no cost in exchange for viewing an advertisement, and the advertiser pays for the copyrighted content. Specifically, representative claim one includes 11 steps: 1) receiving copyrighted media from a content provider; 2) selecting an ad after consulting an activity log to determine whether the ad has been played less than a certain number of times; 3) offering the media for sale on the Internet; 4) restricting public access to the media; 5) offering the media to the consumer in exchange for watching the selected ad; 6) receiving a request to view the ad from the consumer; 7) facilitating display of the ad; 8) allowing the consumer access to the media; 9) allowing the consumer access to the media if the ad is interactive; 10) updating the activity log; and 11) receiving payment from the sponsor of the ad. See, Slip op at 9.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
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