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

Cookies Settings

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

AI can exploit longstanding gaps in copyright protection at remarkable speed, but EU law still provides tools to fight back, says Simon Hembt at Bird & Bird
The firm has tapped a local patent trio to establish a foothold in the market and broaden its national presence
New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Gift this article