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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.
Tag Archives: Mayo/Alice
AAM v. Neapco – Part III – The Dissent Faces a “Perfect Storm” of Conflated Doctrines
Since most of my last post discussing Judge Moore’s dissent focused on her criticism of the majority’s conclusion that the claimed invention—placing a tuned liner into a hollow “propshaft” to attenuate two modes of vibration—was directed to Hooke’s law and … Continue reading
AAM v. Neapco: Method of Manufacturing Claim Gets the 101 Hook(e)
In American Axle and Manufacturing v. Neapco Holdings LLC, Appeal No. 2018-1763 (Fed. Cir., July 31, 2020), a split panel of Judges Dyk, Moore and Taranto, on rehearing, slightly modified their earlier opinion that most of the claims of U.S. … Continue reading
Federal Circuit Denies En Banc Review of Athena v. Mayo
On July 3rd, the Fed. Cir. denied Athena’s petition for rehearing en banc. The three-page order is a 7/5 denial accompanied by more than 80 pages of concurrences and dissents. Concurring in various combinations are Judges Lourie, Hughes, Dyk, Reyna, … Continue reading
Athena III – Should the Discovery of a Naturally-Occurring Correlation Encompass Recognition of its Practical Utility?
The origin of the idea that natural phenomena, like the law of gravity, cannot be patented, even by their discoverer, is well-settled law. In Gottschalk v. Benson, the Supreme Court stated, in dictum: “Phenomena of nature, though just discovered, mental … Continue reading