November 3, 2020
Authored and Edited by Eric Magleby; Christina Ji-Hye Yang; Elizabeth D. Ferrill
In American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, Neapco Drivelines LLC, No. 2018-1763 (Fed. Cir. Oct. 23, 2020), the Federal Circuit denied the Plaintiff’s motion to stay issuance of a mandate pending a Supreme Court certiorari.
In a prior opinion, the Federal Circuit held claims of American Axle & Manufacturing’s (“AAM”) patent ineligible under 35 U.S.C. § 101. To prevent the Federal Circuit’s mandate from taking effect, AAM filed a motion to stay the mandate under Federal Rules of Appellate Procedure 41(d).
The Federal Circuit used a three-part test to determine whether AAM’s motion should be granted: Whether the movant showed (1) a reasonable probability that certiorari will be granted, (2) a “fair prospect” that the court above will reverse the judgment below, and (3) a likelihood of irreparable harm resulting from stay denial.
The Court agreed that AAM showed a reasonable probability that the Supreme Court would grant certiorari and reverse the Federal Circuit’s judgment. However, in denying AAM’s motion, the Court found an insufficient likelihood of irreparable harm, holding that a possibility of reversal by the Supreme Court and “significant burdens and expenses” accrued in petitioning for certiorari and subsequent litigation did not constitute irreparable harm.
Supreme Court of the United States (SCOTUS), patentability, validity, patentable subject matter, 35 U.S.C. § 101, infringement
Copyright © 2020 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
June 10-12, 2024
San Francisco
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
10th Annual Georgia Asian Pacific American Bar Association Gala
May 29, 2024
Atlanta
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.