Amicus Briefing May Help Get SCOTUS Attention on Growing 101
Morass
In one of the more closely-watched cases involving patent
eligibility,
American Axle v. Neapco, Judge Moore
recently highlighted how "bitterly divided" the Federal
Circuit is on patent eligibility, and predicted with a
"reasonable probability" that the Supreme Court will step
in and force the Federal Circuit to reverse course on issues of
eligibility.
American Axle—involving driveline propeller
shafts for automotive engines—highlights the sharp divide in
how various Federal Circuit panels apply the Supreme Court's
eligibility guidelines and the resulting uncertainty that
inventors, patent owners, and accused infringers face in