American Axle & Manufacturing, Inc., v. Neapco Holdings LLC involves a decision by the U.S. Court of Appeals for the Federal Circuit, finding that U.S. Patent No. 7,774,911 was invalid as being directed to a natural law, and nothing more, and thus was ineligible for patent protection under 35 U.S.C Section 101. The claims of the ‘911 patent are for a method of manufacturing automobile drive shafts. In denying a rehearing, the en banc Federal Circuit issued five concurring and dissenting opinions, including six judges in dissent, with the entire court begging the Supreme Court to clarify patent eligibility. (See Solicitor’s brief at page 20). American Axle filed a petition for writ of certiorari to the Supreme Court, which then invited the Solicitor General to express the views of the United States.

 

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