This is a guest post from Greg Stark, attorney at Schwegman Lundberg & Woessner.
Attached at the end of this post is an annotated copy of the June 21st decision from the Federal Circuit in Ultramercial v. Hulu. The underlying patent is directed towards a method for monetizing and distributing copyrighted material over the Internet. Chief Judge Rader pens a good decision for the software patent community attempting to clarify (and mitigate) any fallout from the CLS decision. The decision is careful not to craft new law, but rather to apply previous precedent in a more thoughtful manner.
Rader is careful to point out that all issued patents should carry the presumption of being directed to patent subject matter, and that this presumption must be overcome by clear and convincing evidence. In highlighting the presumption of validity, Rader appears to be attempting to prevent courts from boiling claims down to their abstract idea and then routinely deeming them ineligible subject matter (as all meaningful limitations are removed in the process).