Supreme Court Sends Internet Monetization Method Back to Federal Circuit

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 . . .

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3 Responses to “Supreme Court Sends Internet Monetization Method Back to Federal Circuit”

  1. Online Global Week in Review 25 May 2012 from IP Think Tank Says:

    [...] Rader’s broad notion of software patentability: WildTangent v Ultramercial (Patently-O) (Inventive Step) (IP Spotlight) (EFF) (Ars [...]

  2. PTO Interim Guidance on Process Claims Involving Laws of Nature « INVENTIVE STEP Says:

    [...] 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 [...]

  3. Federal Circuit Again Holds Internet Monitezation Method is Patent Eligible Subject Matter | INVENTIVE STEP Says:

    […] that the claims of the patent were not directed to patentable subject matter.  The Supreme Court entered a GVR order (Grant-Vacate-Remand) and sent the case back to the Federal Circuit for reconsideration.  Upon […]

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