In my first post on American Axle’s Petition for cert., I focused on the substantive arguments of the parties. Almost as interesting is Part 5 of the Petition, in which AA argues that this is a good case for the S. Ct. to grant the Petition. I will try to summarize the arguments. But the Section starts off by arguing that the invention in question is “not a run-of-the-mill Section 101 case” like attempts to patent business methods or diagnostic tests: “This case is different—[AA’s] claims ‘are directed to a process for manufacturing car parts—the type of process which has been eligible since the invention of the car itself.’”
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This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.