by Dennis Crouch
The country is awaiting big non-patent cases from the U.S. Supreme Court that we expect sometime over the next week or so. Most notably is the abortion case of Dobbs v. Jackson Women’s Health Org. No patent decisions are expected, but the Court will consider whether to grant certiorari in the lingering eligibility petition in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, et al., No. 20-891. The American Axle received strong support from various amici filings, including an important recent brief from the US Solicitor General arguing that courts are now excluding inventions that have previously been at the core of eligibility. I look for an order granting or denying certiorari on June 27, 2022. Other pending petitions also ask the same or similar eligibility questions, including: Worlds Inc. v. Activision Blizzard Inc.; and Spireon, Inc. v. Procon Analytics, LLC. Over the past two years, the Court has been denying parallel pending eligibility petitions rather than holding them for resolution–suggesting to me that interest is not extremely high.