"Nothin' to see here," Neapco Says in American Axle Cert Petition Response | Fenwick & West LLP
In our previous post, we promised to revisit the American Axle and Ariosa petitions for certiorari in February 2021 once responses had been filed. However, the U.S. Supreme Court granted extensions in both cases; the first opposition has now come in from respondent Neapco in American Axle, and the response of Illumina in the Ariosa case is due later this month. So here’s a quick recap of Neapco’s arguments. In short, Neapco argues that corner cases are inevitable in patent eligibility analysis under Alice, and that fact doesn’t warrant the Supreme Court taking up such corner cases ...