How-to-Practice-Patent-Law-After-Alice

Reconcile DDS and Ultramercial?• Not possible, in this presenter’s view.• Judge Chen: Ultramercial claims “broadly and genericallyclaim ‘use of the Internet,’” whereas DDS Holdings claims“how interactions with the Internet are manipulated to yield adesired result—a result that overrides the routine andconventional sequence of events ordinarily triggered by theclick of a hyperlink.”• Judge Mayer did not bother to mention Ultramercial: the DDSpatent claims simply took the old and well-known idea ofhaving a “store within a store” and applied it to the Internet.• Reiterated that under Alice the appropriate test was a“technological arts” test.67