Scalia Spotlights

CPIP Scholars To Federal Circuit: Misapplication of Section 101 Undermines The Innovation Industries

Center for the Protection of Intellectual Property (CPIP) founder Professor Adam Mossoff and CPIP John F. Witherspoon Legal Fellow David Lund filed an amicus brief on behalf of 12 patent law scholars in American Axle v. Neapco Holdings, a case currently on appeal to the U.S. Court of Appeals for the Federal Circuit.

The invention at issue in the case is a method of manufacturing engine components, which the district court found to be a “law of nature” and thus patent-ineligible subject matter. The amici argue that the district court improperly applied the Mayo-Alice test under Section 101 of the Patent Act in reaching this conclusion.

In particular, the amici note that claims assessed under Section 101 must be analyzed “as a whole” to ensure that the individual claim terms are not construed in isolation, as the district court did in this case. The brief was joined by CPIP Senior Scholars Chris Holman, Kristen Osenga, and Ted Sichelman.

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