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American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, et al.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2018-1763 · judgment July 31, 2020

Certiorari denied · June 30, 2022
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Federal Circuit decision below, and down for a business respondent.

Questions presented

American Axle invented a new process for making a new, useful, and tangible thing – a quieter automobile driveshaft. It is the type of invention that has long been eligible for patenting. A split Federal Circuit panel found that the invention was not eligible for patenting under 35 U.S.C. § 101 because it was allegedly directed to a natural law. The Federal Circuit was “bitterly divided” (6-6 split) on whether to rehear this case en banc. To the six active judges that voted to rehear this case, the panel’s decision represents a dangerous expansion of Section 101 jurisprudence that, despite this Court’s admonitions, has “swallowed all of patent law.” Alice Corp. Pty. v. CLS Bank Int’l, 573 U.S. 208, 217 (2014). There is no end in sight for the division at the Federal Circuit. Our nation’s lone patent court is “at a loss as to how to uniformly apply § 101.” The questions presented are:

  1. What is the appropriate standard for determining whether a patent claim is “directed to” a patent-ineligible concept under step 1 of the Court’s two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101?

  2. Is patent eligibility (at each step of the Court’s two-step framework) a question of law for the court based on the scope of the claims or a question of fact for the jury based on the state of art at the time of the patent?

Counsel of record

For petitioner
James Richard Nuttall
Steptoe & Johnson LLP

For respondent
J. Michael Huget
Honigman LLP

Case

Conference history
Distributed for 4 conferences

Amicus briefs
11 cert-stage

Proceedings

  1. Jun 30 2022
    Petition DENIED.
  2. Jun 29 2022
    DISTRIBUTED for Conference of 6/29/2022.
  3. Jun 07 2022
    DISTRIBUTED for Conference of 6/23/2022.
  4. Jun 07 2022
    Supplemental brief of respondents Neapco Holdings LLC, et al. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  5. May 24 2022
    Brief amicus curiae of United States filed.
    Main DocumentProof of Service
  6. May 03 2021
    The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
  7. Apr 14 2021
    DISTRIBUTED for Conference of 4/30/2021.
  8. Apr 12 2021
    Reply of petitioner American Axle & Manufacturing, Inc. filed.
    Main DocumentCertificate of Word CountProof of Service
  9. Mar 31 2021
    Brief of respondents Neapco Holdings LLC, et al. in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  10. Mar 01 2021
    Brief amici curiae of Professors Jeffrey A. Lefstin and Peter S. Menell filed.
    Main DocumentCertificate of Word CountProof of Service
  11. Mar 01 2021
    Brief amicus curiae of Ameranth, Inc. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  12. Mar 01 2021
    Brief amicus curiae of Jeremy C. Doerre filed.
    Main DocumentCertificate of Word CountCertificate of Word Count
  13. Mar 01 2021
    Brief amici curiae of Biotechnology Innovation Organization and AUTM filed.
    Main DocumentProof of ServiceCertificate of Word Count
  14. Mar 01 2021
    Brief amici curiae of United States Senator Thom Tillis, Honorable Paul R. Michel and Honorable David J. Kappos filed.(Corrected version submitted 3/12/2021)
    Main DocumentProof of ServiceCertificate of Word Count
  15. Mar 01 2021
    Brief amicus curiae of Houston Intellectual Property Law Association filed.
    Main DocumentProof of ServiceCertificate of Word Count
  16. Feb 08 2021
    Motion to extend the time to file a response is granted and the time is extended to and including March 31, 2021.
  17. Feb 05 2021
    Motion to extend the time to file a response from March 1, 2021 to March 31, 2021, submitted to The Clerk.
    Main Document
  18. Feb 05 2021
    Brief amicus curiae of New York City Bar Association filed.
    Main DocumentProof of ServiceCertificate of Word Count
  19. Feb 04 2021
    Brief amici curiae of The Chicago Patent Attorneys filed.
    Main DocumentCertificate of Word CountProof of Service
  20. Jan 29 2021
    Response Requested. (Due March 1, 2021)
  21. Jan 29 2021
    Brief amicus curiae of Alliance of U.S. Startups & Inventors for Jobs filed.
    Main DocumentCertificate of Word CountProof of Service
  22. Jan 25 2021
    Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  23. Jan 13 2021
    DISTRIBUTED for Conference of 2/19/2021.
  24. Jan 11 2021
    Waiver of right of respondent Neapco Holdings LLC, et al. to respond filed.
    Main Document
  25. Jan 08 2021
    Blanket Consent filed by Petitioner, American Axle & Manufacturing, Inc.
    Blanket Consent
  26. Dec 28 2020
    Petition for a writ of certiorari filed. (Response due February 4, 2021)
    PetitionCertificate of Word CountProof of Service