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American Axle & Manufacturing Inc. v. Neapco Holdings LLC

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-891 Fed. Cir. TBD TBD TBD TBD TBD

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to SCOTUSblog in various capacities, is among the counsel to the respondents in this case.

Issues: (1) What standard determines whether a patent claim is “directed to” a patent-ineligible concept under step 1 of the Supreme Court’s two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101; and (2) whether patent eligibility (at each step of the Supreme Court’s two-step framework) is 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.

DateProceedings and Orders (key to color coding)
Dec 28 2020Petition for a writ of certiorari filed. (Response due February 4, 2021)
Jan 08 2021Blanket Consent filed by Petitioner, American Axle & Manufacturing, Inc.
Jan 11 2021Waiver of right of respondent Neapco Holdings LLC, et al. to respond filed.
Jan 13 2021DISTRIBUTED for Conference of 2/19/2021.
Jan 25 2021Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)
Jan 29 2021Response Requested. (Due March 1, 2021)
Jan 29 2021Brief amicus curiae of Alliance of U.S. Startups & Inventors for Jobs filed.
Feb 04 2021Brief amici curiae of The Chicago Patent Attorneys filed.
Feb 05 2021Motion to extend the time to file a response from March 1, 2021 to March 31, 2021, submitted to The Clerk.
Feb 05 2021Brief amicus curiae of New York City Bar Association filed.
Feb 08 2021Motion to extend the time to file a response is granted and the time is extended to and including March 31, 2021.
Mar 01 2021Brief amici curiae of Professors Jeffrey A. Lefstin and Peter S. Menell filed.
Mar 01 2021Brief amicus curiae of Ameranth, Inc. filed.
Mar 01 2021Brief amicus curiae of Jeremy C. Doerre filed.
Mar 01 2021Brief amici curiae of Biotechnology Innovation Organization and AUTM filed.
Mar 01 2021Brief amici curiae of United States Senator Thom Tillis, Honorable Paul R. Michel and Honorable David J. Kappos filed.(Corrected version submitted 3/12/2021)
Mar 01 2021Brief amicus curiae of Houston Intellectual Property Law Association filed.
Mar 31 2021Brief of respondents Neapco Holdings LLC, et al. in opposition filed.
Apr 12 2021Reply of petitioner American Axle & Manufacturing, Inc. filed.
Apr 14 2021DISTRIBUTED for Conference of 4/30/2021.
May 03 2021The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.