Impact Engine has approached the Supreme Court to review a Federal Circuit decision that deemed many of its patents related to internet advertising as abstract ideas. The petition challenges the Federal Circuit's approach to Section 101 of patent law, particularly regarding means-plus-function claims under Section 112(f). Impact Engine argues that its technology significantly improves the efficiency of digital ad campaigns and points to Google's use of its patented system in various advertising products, claiming infringement after Google attempted and failed to dismiss the case multiple times.
If left undisturbed, virtually all means-plus-function patent claims will be abstract. A function divorced from its corresponding structure is inherently abstract.
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