Last week, the Supreme Court refused certiorari in yet another patent eligibility appeal. I’ve lost count as to how many times the Court has refused to provide clarity to the fundamental question of patent eligibility since it last muddied the waters in Alice back in 2014. I stopped counting several years ago, when the number of petitions—pleas begging for help really—crossed over 50. But the petition in American Axle was supposed to be different. Yes, the Federal Circuit has been hopelessly, and helplessly, split for years—a division and impotence of their own making. In American Axle the self-castrated Federal Circuit seemed to believe the Supreme Court modern quartet of patent eligibility cases renders nothing of importance or value patent eligible. In fact, the Federal Circuit actually ruled that a drive shaft is not patent eligible because the operation of the drive shaft fundamentally relies on Hooke’s law.
Recent Posts
- Other Barks & Bites for Friday, November 7: CJEU Action Against EU Commission Referred Over SEP Regulation; Ninth Circuit Affirms CoComelon Copyright Win; and C4IP Urges USTR to Address IP Concerns in USMCA Joint Review
- Mixed UK High Court Ruling Fails to Answer Fundamental Questions of AI Copyright Infringement
- Professors Press SCOTUS to Affirm Copyright Protection for AI-Created Works
- Squires Emphasizes AI, Dubs Inherited Backlog ‘An Absolute Dumpster Fire’ and a ‘Betrayal’
- Federal Circuit Clarifies Precedent on Pre-AIA Prior Art ‘By Another’
