Have you been following American Axle & Mfg v. Neapco Holdings?
The case involves a claim for mechanical invention that was invalidated by a highly divided Federal Circuit. A Petition for Certiorari is pending before the Supreme Court.
For many practitioners, application drafting may change regardless of the outcome at the Supreme Court.
In Part 3, we address the dissenting opinions from the panel rehearing and denial of the motion for en banc review.
Judge Stoll’s opinion is likely how most patent practitioners feel about the case. Judge O’Malley raises procedural concerns about the majority’s new “Nothing More” test (the claim is nothing more than application of a natural law).
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