Will the Newest American Axle Case Create a Panel-Dependent Body of Law or Provoke the Supreme Court to Take Action? How the Federal Circuit is Handling 35 U.S.C. § 101 Judicial Exceptions
By EsqSocial Corporation 30/10/20
On October 23, 2020, in a remarkable order demonstrating how a “bitterly divided” Federal Circuit views post-Alice patent eligibility jurisprudence, the court denied the motion of American Axle & Manufacturing, Inc. (“AAM”) to stay issuance of the mandate pending a writ of certiorari to the Supreme Court. The order followed an equally divided 6-6 panel split, where the Federal Circuit had denied a request for rehearing en banc “and, in doing so, detailed its further divided views.” –Am. Axle &...
By: Haug Partners LLP