Yesterday, the Supreme Court issued a GVR (grant-vacate-remand) order to the Federal Circuit in WildTangent v. Ultramercial.
The petition for a writ of certiorari is granted [G]. The judgment is vacated [V], and the case is remanded [R] to the United States Court of Appeals for the Federal Circuit for further consideration in light of Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. ___ (2012).
Last fall, the Federal Circuit, per Chief Judge Rader, ruled that the claimed method of monetizing and distributing copyrighted products over the Internet is a patent eligible process. Given the Supreme Court’s convoluted reasoning in Mayo v. Prometheus, there are many patents that may now be at risk.
The attack on patent eligibility continues . . .