Driving in Circles: Impact of American Axle on Patent Eligibility Jurisprudence and Green Initiatives in the Automotive Industry

2021Patent

Zoë Haggerty

A recent executive order signed by President Biden establishes a National Climate Task Force to oversee the conversion of the federal fleet to all-electric vehicles. If the President’s goal is to be achieved, the Supreme Court must review patent eligibility jurisprudence and provide guidance to the “bitterly divided” Federal Circuit. Fortuitously, the Supreme Court has the opportunity to do precisely that by granting certiorari to American Axle & Manufacturing v. Neapco Holdings LLC and clarifying the exact standard courts are to apply when determining cases of patent eligibility. Given the ever more pressing need for intelligibility in patent eligibility jurisprudence in light of an increased push for green initiatives in the automotive industry, the Supreme Court should accept the unique opportunity before it and grant American Axle certiorari.

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