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Justices Seek Government Recommendation on Patent Eligibility

May 3, 2021, 2:22 PM

The U.S. Supreme Court asked the federal government to weigh in on a case dealing with noisy driveshafts that deeply divided the Federal Circuit on when an invention is patent-eligible.

The U.S. Court of Appeals for the Federal Circuit rejected American Axle & Manufacturing Inc.'s request for a full court rehearing on the validity of its noise-reducing driveshaft patent in a 6-6 tie that included five separate concurring and dissenting opinions. The court previously held the invention was directed to a patent-ineligible natural law.

The move indicates the high court is seriously considering taking up the case. It usually gives ...