July 05, 2022

Bob Stoll Speaks to IPWatchdog About U.S. Supreme Court Decision

In an article titled “American Axle Denied: Patent Stakeholders Sound Off on SCOTUS’ Refusal to Deal with Eligibility,” IPWatchdog spoke to intellectual property partner Bob Stoll about the U.S. Supreme Court’s decision to deny certiorari in American Axle & Mfg., Inc. v. Neapco Holdings LLC.

Stoll shared that “while the Solicitor General (SG) did recommend cert in this case, and almost every Federal Court (FC) judge has asked for more clarity on these issues and the tests mandated to resolve them, nothing this Supreme Court (SC) does surprises me anymore.” He added that “the silver lining is that the Supremes could have rendered an even more confusing standard that would have provided even more uncertainty. Unless we can find some formulation that satisfies everyone—not happening—I don’t see a legislative fix anytime soon. That leaves the FC judges to creatively differentiate SC standards and practitioners to claim more artfully or seek other forms of protection. Yet another bad day for the SC and our country.”

Full Article
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