Judges Kimberly Moore, left, and Timothy Dyk are on opposite sides of American Axle v. Neapco Holdings. The Next Big Patent Eligibility Push Is On at the Supreme Court
Steptoe & Johnson represents a driveshaft maker in a case that split the Federal Circuit 6-6. "What we have here is worse than a circuit split—it is a court bitterly divided," Judge Kimberly Moore has said.
December 30, 2020 at 07:28 PM
4 minute read
The Supreme Court has before it the patent eligibility case that many believe presents the best chance in Term 2020 to clarify the court's vexing rules.
American Axle & Manufacturing Inc. argues that the U.S. Court of Appeals for the Federal Circuit improperly took the Section 101 patent eligibility test beyond high tech and life sciences and applied it to mechanical devices—in this instance, an automotive driveshaft. The company also contends that a divided Federal Circuit panel improperly decided factual issues and used eligibility as a catch-all to address an issue of Section 112 enablement.
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