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ARTICLE · 31 JULY 2013

A Method For Distributing Copyrighted Products Over The Internet Does Not Lack Subject Matter Eligibility

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In a recent case, the Federal Circuit reversed and remanded the district court’s judgment that the subject matter of U.S. Patent No. 7,346,545 is not a "process" within the language and meaning of 35 U.S.C. § 101.

United StatesLitigation, Mediation & Arbitration
Esther Lim
Esther Lim
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In Ultramercial, Inc. v. Hulu, LLC, No. 10-1544 (Fed. Cir. June 21, 2013), the Federal Circuit reversed and remanded the district court's judgment that the subject matter of U.S. Patent No. 7,346,545 ("the '545 patent") is not a "process" within the language and meaning of 35 U.S.C. § 101.

The '545 patent claims an eleven-step method for distributing copyrighted products over the Internet where the consumer receives a copyrighted item paid by an advertiser in exchange for viewing the advertisement.  Several of these steps require the method being performed through computers, over the Internet, and in a cyber-market environment.  Many of the steps also require intricate and complex computer programming.

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