Is there life in Ultramercial yet?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Is there life in Ultramercial yet?

The long-running Ultramercial patent case may have some life left in it yet, with the filing this week of a Supreme Court petition

US Supreme Court

Ultramercial this week petitioned the Supreme Court for a writ of certiorari in its long-running patent case.

The company argues that the Federal Circuit is divided on the issue of Section 101 as a result of its rulings in Ultramercial v Hulu, which invalidated the patent in suit, and DDR Holding v Hotels.com, which found the patent in suit valid.

After twice finding the claims at issue in the Ultramercial case patent-eligible, the Federal Circuit in its November decision found them to be ineligible in light of Alice.

Ultramercial argues that any clarity brought to Section 101 jurisprudence after Alice has been shattered by the two Federal Circuit decisions. The company says that its claims are similar to those in DDR and thus the Federal Circuit is just as divided as it was before Alice.

It is unlikely the Supreme Court will take up the case, as suggested by a Patently-O blog post titled “Ultramercial Shoots for the Moon”.

However, as the Patent Docs blog noted, the consequences could be very big if it does.

“If the Court does review this case, software patentees may become uneasy,” wrote McDonnell Boehnen Hulbert & Berghoff associate Michael Borella on the Patent Docs blog. “For instance, the Court might decide that the claims of Ultramercial and DDR rise or fall together. As DDR is the only post-Alice § 101 case reviewed by the Federal Circuit that has found claims to be patent-eligible, it is a valuable data point for applicants and patentees. Losing this data point would deepen the mystery of what claims incorporating an abstract idea need to recite in order to be patentable.”

more from across site and SHARED ros bottom lb

More from across our site

Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Tom Melsheimer, part of a nine-partner team to join King & Spalding from Winston & Strawn, says the move reflects Texas’s appeal as a venue for high-stakes patent litigation
AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean AI, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
Gift this article