Two competing patent eligibility petitions have been filed with the Supreme Court. In American Axle, the patentee argues that the Federal Circuit has gone too-far in finding its claimed method of manufacturing a frequency-tuned vehicle drive-shaft to be directed to a natural law (namely Hooke’s law). In Ariosa Diagnostics, the petition goes the other way and argues that the Federal Circuit has unduly narrowed its conception of a product-of-nature under Myriad. It would be interesting for the Supreme Court to take these cases as a pair in order to reconcile the law and explain the extent that product-of-nature analysis fits within the Mayo framework.
- Petition: American Axle & Manufacturing, Inc., v. Neapco Holdings LLC, et al.
- Petition: Ariosa Diagnostics, Inc., et al., v. Illumina, Inc., et al.