{"id":4423,"date":"2011-09-17T10:21:32","date_gmt":"2011-09-17T16:21:32","guid":{"rendered":"http:\/\/www.717madisonplace.com\/?p=4423"},"modified":"2011-09-17T10:21:32","modified_gmt":"2011-09-17T16:21:32","slug":"snooze-ya-lose","status":"publish","type":"post","link":"https:\/\/www.717madisonplace.com\/?p=4423","title":{"rendered":"Snooze, ya lose"},"content":{"rendered":"<p>A week ago, there were at least three subject matter eligibility cases that had been orally argued but not yet decided by the Federal Circuit: <span style=\"text-decoration: underline;\">Dealertrack v. Huber<\/span> (argued on May 4th, Dyk, Linn, Plager); <span style=\"text-decoration: underline;\">Fuzzysharp Technologies Inc. v. 3D Labs, Inc.<\/span><em> (<\/em>argued on July 7th, Bryson, O&#8217;Malley, Reyna<em>);<\/em> and <span style=\"text-decoration: underline;\">Ultramercial v. Hulu<\/span> (argued on August 4th, Rader, Lourie, O&#8217;Malley).\u00a0 The cases are of particular interest because they will continue to develop\u00a0the court&#8217;s jurisprudence\u00a0in the area of subject matter eligibility, post-Bilski.\u00a0 Moreover, with what appears to be significantly divergent viewpoints about subject matter eligibility by various Federal Circuit judges, as evidenced by the <span style=\"text-decoration: underline;\">Research Corp. Technologies\u00a0v. Microsoft<\/span> and <span style=\"text-decoration: underline;\">CyberSource Corp. v. Retail Decisions, Inc.<\/span>\u00a0panels, the earliest decision to issue will serve as precedent to\u00a0subsequently decided\u00a0cases.\u00a0<\/p>\n<p>At first glance, one might have expected <span style=\"text-decoration: underline;\">Dealertrack<\/span> to issue first.\u00a0 As it turns out, it was Judge Rader&#8217;s panel in <span style=\"text-decoration: underline;\">Ultramercial v. Hulu<\/span> that took home\u00a0the honors on September 15th.\u00a0 Now a cynic might wonder if this was &#8220;gamesmanship&#8221; in that the most-recently argued case\u00a0was decided\u00a0first and a mere six weeks after oral argument.\u00a0 However, in actuality, the <span style=\"text-decoration: underline;\">Ultramerical<\/span> case really only concerned the single\u00a0issue of subject matter eligibility that\u00a0had been\u00a0decided on\u00a0summary judgment by the district court.\u00a0 So, perhaps <span style=\"text-decoration: underline;\">Ultramercial<\/span> just happened to be\u00a0an easy one.<\/p>\n<p>On another note, the <span style=\"text-decoration: underline;\">Dealertrack<\/span> decision should be interesting.\u00a0 The panel is comprised of Circuit Judges Dyk, Linn, and Plager.\u00a0 Judge Dyk authored the <span style=\"text-decoration: underline;\">CyberSource<\/span> opinion.\u00a0 Judge Plager was a member of the unanimous panel in the <span style=\"text-decoration: underline;\">Research Corp. Technologies<\/span>\u00a0opinion.\u00a0 I&#8217;ll venture a guess that Judge Linn is authoring the\u00a0<span style=\"text-decoration: underline;\">Dealertrack<\/span>\u00a0opinion for the court.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A week ago, there were at least three subject matter eligibility cases that had been orally argued but not yet decided by the Federal Circuit: Dealertrack v. Huber (argued on May 4th, Dyk, Linn, Plager); Fuzzysharp Technologies Inc. v. 3D Labs, Inc. (argued on July 7th, Bryson, O&#8217;Malley, Reyna); and Ultramercial v. Hulu (argued on [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/4423"}],"collection":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4423"}],"version-history":[{"count":5,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/4423\/revisions"}],"predecessor-version":[{"id":4428,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/4423\/revisions\/4428"}],"wp:attachment":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4423"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4423"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4423"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}