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...

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