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 . . .
May 26, 2012 at 12:34 pm |
[...] Rader’s broad notion of software patentability: WildTangent v Ultramercial (Patently-O) (Inventive Step) (IP Spotlight) (EFF) (Ars [...]
July 6, 2012 at 11:07 am |
[...] in Mayo v. Prometheus. The PTO calls the guidance “interim” because the Myriad and Ultramercial cases have been remanded by the Supreme Court and are pending at the Federal Circuit. Thus, this [...]