Recorded Webinar From January 30, 2020
Please join Fitch Even for a free webinar, “American Axle: Does Patent Subject Matter Eligibility Depend on Enablement?,” on January 30, 2020, at 9:00 am PST / 10:00 am MST / 11:00 am CST / 12 noon EST.
In American Axle & Mfg. Inc. v. Neapco Holdings LLC, the Federal Circuit affirmed a district court ruling that American Axle’s drive shaft patent is ineligible under 35 U.S.C. § 101 because the claims covered an application of a law of nature. American Axle’s petition for rehearing en banc has attracted several amicus briefs, some of which argue that this decision places in jeopardy the validity of many process patents for making physical structures and adds a § 112 enablement requirement to § 101 subject matter eligibility. In general, the decision has created further uncertainty about what a patentee needs to do to meet the requirements of § 101.
During this webinar, our presenters will discuss the following:
- The district court and Federal Circuit decisions in this case
- Arguments presented in the amici briefs
- How American Axle comports with the USPTO’s patent eligibility guidance
- Strategies for litigators and prosecutors regarding Alice in view of American Axle
Our speakers will be Fitch Even attorneys Stanley A. Schlitter and Andrew C. Wood.
Stan has represented clients in numerous patent infringement suits in the federal courts and at the ITC, as well as in IPR proceedings before the Patent Trial and Appeal Board. In addition, he has successfully litigated disputes involving trademark and copyright infringement, unfair competition, trade secret misappropriation, and breach of contract.
Andrew focuses his practice on patent and trademark litigation, legal opinions, and patent portfolio management. His litigation experience spans a variety of areas including building materials, medical devices, semiconductor devices, GPS electronics, pharmaceuticals, and food and beverage packaging.
A recording of this webinar is available through January 29, 2021.
IP Alert | Congress Passes New Copyright Legislation in Spending BillJanuary 20, 2021
Last month, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the "CASE Act") as part of the COVID-19 relief bill. Read more
IP Alert | Federal Circuit Finds Apportionment of Damages Was Built Into Royalty Rate from Prior License Between PartiesJanuary 19, 2021
On November 19, in Vectura Limited v. GlaxoSmithKline, the Federal Circuit affirmed a reasonable royalty award relating to infringement of a single patent, using a royalty rate from a prior license agreement involving more than 400 patents without requiring any apportionment. Read more