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BIO Files Amicus Brief in Petition for a Writ of Certiorari in American Axle & Manufacturing, Inc., v. Neapco Holdings LLC, et al., at the Supreme Court of the United States.

June 29, 2021

BIO and AUTM have filed an amicus brief in petition for a writ of certiorari the in American Axle & Manufacturing, Inc., v. Neapco Holdings LLC, et al., at the Supreme Court of the United States. BIO and AUTM are concerned that the Federal Circuit is misapplying the Supreme Court’s two-step test for subject matter eligibility and incorrectly mischaracterizing patent claims as directed to nothing more than a natural law. Under the reasoning set forth in lower court’s decision, any invention could be reduced to a natural law or abstract idea, and thus, held ineligible for patenting. BIO and AUTM are also concerned that the lower court’s decision improperly conflates subject matter eligibility with the enablement requirement found in 35 USC 112, further obscuring the law. Accordingly, BIO and AUTM ask the Court to clarify the law of patent eligibility to prevent further confusion and ensure consistency in its application.


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