Thomas Goldstein of Goldstein & Russell. Photo: Diego M. Radzinschi/ALM

Overruling abortion precedents and gun laws might be one thing. But when it comes to the law of patent eligibility, the justices keep getting cold feet.

For the third time in four years, the U.S. Supreme Court has asked the Solicitor General's Office to weigh in on whether it should grant cert in a patent eligibility case, only to then deny certiorari. In the case turned away Thursday, American Axle v. Neapco Holdings, the solicitor general had recommended the court take the case.