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Westlaw News

Fed Circuit passes up chance to review patent-eligibility ruling in 6-6 tie

In a 6-6 split, the U.S. Court of Appeals for the Federal Circuit on Friday declined to review a panel decision that invalidated American Axle & Manufacturing Inc’s patent on a method of manufacturing automotive driveshafts because it was directed to a “law of nature” and therefore ineligible for a patent.

The court’s per curiam order was accompanied by five opinions: two concurrences that said American Axle’s patent was too vague to be valid, and three dissents arguing that the panel had created a new, overly broad test for patent-ineligibility and applied it unfairly.

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