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Ultramercial Finally Strikes Out at the Federal Circuit

In its most recent decision in Ultramercial, Inc. v. Hulu, the Federal Circuit finally concluded that the claims-at-issue do not cover patent-eligible subject matter under 35 U.S.C. § 101. This comes after two prior decisions by the Federal Circuit reaching the opposite conclusion, and two orders from the U.S. Supreme Court instructing the Federal Circuit to reconsider those two decisions.