JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 09-06918 RGK (PLAx)
Date August 13, 2010
Title
ULTRAMERCIAL, LLC et al. v. HULU, LLC, et al.
1The Complaint originally named Youtube, LLC, as the third defendant. The parties, however, have already
stipulated to Youtube, LLC’s dismissal.
CV-90 (10/08)
CIVIL MINUTES - GENERAL
Page 1 of 7
Present: The
Honorable
R. GARY KLAUSNER, U.S. DISTRICT JUDGE
Sharon L. Williams
Not Reported
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(IN CHAMBERS) Order re: Defendants’ Motion to Dismiss (DE 26 and 29)
I.
INTRODUCTION
This is a patent infringement suit brought by Plaintiff Ultramercial, LLC (“Plaintiff”) against
Defendants Hulu, LLC and Wildtangent, Inc. (collectively, “Defendants”) for alleged infringement of
U.S. Patent No. 7,346,545 (the ‘545 patent).1 Because the Court finds that the ‘545 patent does not cover
patentable subject matter, it GRANTS Wildtangent, Inc.’s Motion to Dismiss (DE 29). Hulu, LLC’s
Motion to Dismiss (DE 26) is DENIED as moot.
II.
BACKGROUND
The ‘545 patent claims an invention for distributing copyrighted products over the Internet (or
other networks). In particular, the ‘545 patent discloses a method for allowing Internet users to view
copyrighted material free of charge in exchange for watching certain advertisements. A computer or a
server acts as a gateway between the Internet user and the copyrighted material. An advertisement
sponsor may purchase advertising space for a particular copyrighted material (a television show episode
for example). Upon attempting to stream a “free” television show episode, for example, the Internet user
will be presented with advertisement. The user cannot view the copyrighted material until the ad is fully
displayed. The result is that the viewer gets to watch what he wants for free, and the sponsor gets to
deliver its advertisement to the intended audience.
The two