Seth Lloyd spoke to World Intellectual Property Review about the U.S. Supreme Court declining to review a petition from U.S. manufacturer American Axle in a long-running case with rival Neapco that was deemed critical in clarifying subject matter eligibility in patent litigation.
"The denial directly affects only the parties in American Axle," Seth said. "And because any number of things could explain the denial, we can only speculate about what it means for patent eligibility more broadly going forward."
He added: "But it's worth noting that this is effectively the second recent term where the court declined review in a patent-eligibility case after the Solicitor General recommended granting review. That may signal that the Court is not currently interested. Or it may mean, especially with several new justices, that the Court is still waiting for the right vehicle."
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Originally published by World Intellectual Property Review
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