Below is an excerpt:
The justices are in the process of deciding whether to take up a patent eligibility case that has caused a bitter 6-6 division at the Federal Circuit.
American Axle's petition is challenging the Federal Circuit's invalidation of its drive shaft patent, saying there's no way its mechanical invention can be reduced to a natural law under Section 101, as the circuit court held. In May, the justices asked for the solicitor general's take.
"The fact that you had the Supreme Court ask for the government's brief, that's a very significant expression of interest in that case," said Haynes and Boone, LLP partner Joseph Matal, a former acting director of the U.S. Patent and Trademark Office.
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