Partners Brian Ginsberg and Laura Smalley will be presenting, “The Denial of Certiorari in ‘American Axle’: What It Means for Patent Law and What (If Anything) It Says About the Supreme Court’s Case-Selection Criteria.” A full description of their program is below:

In late June 2022, the U.S. Supreme Court denied certiorari in American Axle & Manufacturing v. Neapco Holdings, 939 F.3d 1355 (Fed. Cir. 2019), modified on pet. for reh’g, 967 F.3d 1285 (Fed Cir. 2020). The denial of certiorari let stand a controversial decision of the U.S. Court of Appeals for the Federal Circuit concerning the law of patent eligibility.  The certiorari denial is also significant for another reason: It represents a departure from the deference historically shown by the court to the case-selection recommendations of the U.S. Solicitor General.
This webinar will break down the American Axle decision, explain why it has generated so much controversy, and explore what it might reveal about the Solicitor General’s continuing influence on the Supreme Court’s patent docket.