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Supreme Court Requests View of Solicitor General in American Axle v. Neapco

By Kevin E. Noonan and Michael Borella — Today, the Supreme Court requested the views of the Solicitor General in its consideration of American Axle’s certiorari petition, which asks the Court to reverse the Federal Circuit’s decision in American Axle & Mfg. v. Neapco Holdings LLC. That decision is noteworthy on several grounds. It is an application of the Federal Circuit’s fractured jurisprudence on subject matter eligibility under 35 U.S.C. § 101 to a traditionally patent-eligible subject matter — a method of producing shaft assemblies in a driveline system for trucks having reduced vibration during use. The case was the…

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