Ultramercial, Inc. v. WildTangent, Inc., No. 10-1544 (Fed. Cir. Nov. 14, 2014)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

This appeal has returned to the court following an up and down journey to and from the Supreme Court. In our original decision, we reversed the district court’s holding * Pursuant to Fed. Cir. Internal Operating Proce- dure 15 ¶ 2 (Nov. 14, 2008), Circuit Judge Mayer was designated to replace Randall R. Rader, now retired, on this panel. ULTRAMERCIAL, INC. v. HULU, LLC 3 that granted WildTangent, Inc.’s (“WildTangent”) motion to dismiss Ultramercial, LLC and Ultramercial, Inc.’s (collectively “Ultramercial”) patent infringement co m- plaint under Fed.