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

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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

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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

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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

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