The article discusses the significant disconnect between the Supreme Court's emphasis on preemption in patent eligibility doctrine and the Federal Circuit's practical disregard for it. While the Supreme Court highlights preemption as a major concern, the Federal Circuit often finds it irrelevant, raising questions about the fidelity to judicial precedent. The upcoming case, Impact Engine, Inc. v. Google LLC, seeks to address this disconnect by advocating for the reinstatement of preemption analysis in patent eligibility evaluations, particularly focusing on the balance in means-plus-function claims established by Congress.
The disconnect between the Supreme Court's theoretical framework on patent eligibility and the Federal Circuit's practical application reflects a misalignment that could undermine patent law integrity.
The Federal Circuit has effectively rendered preemption analysis as irrelevant in determining patent eligibility, which contradicts the Supreme Court's emphasis on this aspect as a foundational concern.
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