词条 | Ultramercial |
释义 |
The company was the subject of a patent infringement lawsuit against Hulu, YouTube and WildTangent;[2] in the lawsuit, Ultramercial accused the two companies of infringing its patent {{patent|US|7346545}} (filed in 2001), covering the business model surrounding a "Method and system for payment of intellectual property royalties by interposed sponsor on behalf of consumer over a telecommunications network". While WildTangent challenged the validity of the patent in 2011 because they felt it was too abstract, the Court of Appeals for the Federal Circuit upheld Ultramercial's patent, stating that it "does not simply claim the age-old idea that advertising can serve as currency. Instead [it] discloses a practical application of this idea." The court also asserted that the technical elements required to implement the system described were intricate enough to not be abstract.[3] In 2012, the Supreme Court ordered the Federal Circuit to re-examine the case in the wake of several recent patent rulings on "abstract" concepts.[4] On June 21, 2013, the Federal Circuit upheld its decision and ruled that Ultramercial's patents were valid.[3][5] On November 14, 2014, the Federal Circuit reversed its prior rulings and found that the "patent does not claim patent eligible subject matter and accordingly affirm the district court’s grant of WildTangent’s motion to dismiss." [6] References1. ^{{cite web|title=Ads That Pay for Game Play|url=http://ca.ign.com/articles/2008/07/07/ads-that-pay-for-game-play|work=IGN.com|accessdate=24 June 2013}} {{law-stub}}2. ^Ultramercial, Inc. v. Hulu, LLC (Fed. Cir. 2013) 3. ^1 {{cite web|title=Supreme Court orders do-over on key software patent ruling|url=https://arstechnica.com/tech-policy/2012/05/supreme-court-orders-do-over-on-key-software-patent-ruling/|work=Ars Technica|accessdate=24 June 2013}} 4. ^{{cite news|title=Take That, SCOTUS: Appeals Court Reinstates Patent On Video-Ad Technology|url=https://www.forbes.com/sites/danielfisher/2013/06/21/take-that-scotus-appeals-court-reinstates-patent-on-video-ad-technology/|work=Forbes|accessdate=24 June 2013|first=Daniel|last=Fisher}} 5. ^{{cite news|title=One of the worst patents ever just got upheld in court|url=https://www.washingtonpost.com/blogs/wonkblog/wp/2013/06/24/one-of-the-worst-patents-ever-just-got-upheld-in-court/|work=The Washington Post|accessdate=24 June 2013}} 6. ^{{cite web|title=Ultramercial, Inc. v. Hulu, LLC, No. 2010-1544 (Fed. Cir. Nov. 14, 2014)|url=http://www.cafc.uscourts.gov/images/stories/opinions-orders/10-1544.Opinion.11-12-2014.1.PDF|accessdate=6 April 2015}} 2 : Internet advertising services and affiliate networks|Internet advertising methods |
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