There's very good discussion here: http://www.techdirt.com/articles/20100315/0058408555.shtml - one of the comments:
"Jim Vitek says on his LinkedIn profile that he is one of the named inventors. Yet there's nothing on the PTO search site - I'm a patent practitioner, and I looked. Assuming a provisional was filed in January 2008, and an application filed in January 2009, then under the 18-month rule, this application should be published in a few months, after which we'll be able to see what exactly was claimed."
you might need to search for the USPTO Patent # so you can know the updates on this.