Michel Says Drive Shaft Ruling Puts All Patents In Jeopardy

Law360 (December 13, 2019, 6:35 PM EST) -- Former Federal Circuit Chief Judge Paul R. Michel is urging his old court to undo its decision to invalidate an American Axle & Manufacturing automobile drive shaft technology patent, saying it puts “seemingly every patent [in] eligibility jeopardy.”

Michel submitted an amicus brief Thursday, backing AAM’s bid to have its case heard en banc. He said if the U.S. Supreme Court’s Alice and Mayo tests can be used to invalidate “industrial-process, physically based-patents” like AAM’s under Section 101 of the Patent Act, then nothing is off limits.

“The test will eviscerate not just patent law, but also the incentives to innovate...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!