By Kevin E. Noonan — The Federal Circuit’s inchoate attempts to fashion a consistent, rational application of the Supreme Court’s recent subject matter eligibility jurisprudence, while understandably Herculean in view of the difficulties inherent in that precedent, raises questions regarding the value of having a “specialized” Circuit Court for the purpose of harmonizing U.S. patent law (see “The Proper Role of the Federal Circuit”; “In Defense of the Federal Circuit: A Response to Judge Wood”). Such sentiments are understandable, particularly in view of the dissension amongst the Federal Circuit judges themselves (see, e.g., “Ariosa Diagnostics, Inc. v. Sequenom, Inc.” and…
