When the U.S. Supreme Court hears arguments in the long-awaited eBay vs. MercExchange case this week, the justices will be skirting the real issue--a dysfunctional patent system.

The legal issue being heard isn't the legitimacy of MercExchange's "buy-it-now" patent, but whether courts can automatically impose an injunction to force companies like eBay to pay licensing fees or stop using the technology. But the injunction question is just a symptom of a bigger problem: confidence in patents the government awards.

The high court last week heard a case that focused on a patent for a vitamin deficiency blood test. Opponents argued the patent improperly covers natural processes of the human body, much like many digital patents that critics say improperly incorporate commonsense business methods. Justice Stephen Breyer questioned whether letting physicians, scientists, and computer innovators patent every useful idea could establish "monopolies beyond belief."

Don't expect court decisions to change the patent system, but properly honed opinions could serve as a catalyst for true reform.