September 11-13, 2022
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Breakout Session

Where Do We Go From Here on Patent Eligibility After American Axle?

September 12, 2022 @ 11:00 AM CST

11:00 AM CT
September 12, 2022

Breakout Session

Where Do We Go From Here on Patent Eligibility After American Axle?

View Session Speakers

The U.S. Supreme Court has now denied certiorari in American Axle v. Neapco Holdings, Inc., leaving it up to Congress and the U.S. Patent and Trademark Office (USPTO) to restore any semblance of clarity on U.S. patent eligibility law for now.

Many expected that the Court would grant the petition after the U.S. Solicitor General in May recommended granting review. The SG’s brief said that inventions like the one at issue in American Axle have “[h]istorically…long been viewed as paradigmatic examples of the ‘arts’ or ‘processes’ that may receive patent protection if other statutory criteria are satisfied” and that the U.S. Court of Appeals for the Federal Circuit “erred in reading this Court’s precedents to dictate a contrary conclusion.” It also explained in no uncertain terms that claim 22 of the patent at issue in the case does not “simply describe or recite” a natural law and ultimately should have been held patent eligible.

But without comment, the Supreme Court justices denied cert. without comment in their last Orders List of the term.

This panel will explore where we go from here.



Add to Calendar 08/10/2022 7:45 PM America/Chicago Where Do We Go From Here on Patent Eligibility After American Axle?

The U.S. Supreme Court has now denied certiorari in American Axle v. Neapco Holdings, Inc., leaving it up to Congress and the U.S. Patent and Trademark Office (USPTO) to restore any semblance of clarity on U.S. patent eligibility law for now. Many expected that the Court would grant the petition after the U.S. Solicitor General in May recommended granting review. The SG’s brief said…

Session Speakers

Benjamin Cappel

Partner

AddyHart P.C.

Robert Ryan

Robert Ryan

Partner

Holland & Hart LLP

Wen Xie

Partner

Global IP Counselors

USPTO Director Andrei Iancu. Photo credit Jay Premack/USPTO.

Hon. Andrei Iancu

Former Under Secretary of Commerce for IP & Director of the USPTO; Partner

Irell & Manella