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No Pause on American Axle Case for Coming Supreme Court Petition

Oct. 23, 2020, 5:40 PM

A case that evenly split the Federal Circuit on the application of the Patent Act’s prohibition against patenting natural processes will proceed at the trial court while one party seeks Supreme Court review.

The U.S. Court of Appeals for the Federal Circuit said Friday that American Axle & Manufacturing Inc. failed to show it would suffer irreparable harm if the case isn’t paused. In a concurring opinion, Judge Kimberly A. Moore urged the Supreme Court to take the case.

“As the nation’s lone patent court, we are at a loss as to how to uniformly apply § 101,” she said, ...

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