October 28, 2019
Fitch Even managing partner Mark W. Hetzler was quoted in the October 18 issue of Law360 in an article discussing the potential ramifications of the Federal Circuit’s recent ruling in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC that a drive shaft patent is ineligible under 35 U.S.C. § 101 because the claims covered an application of a natural law of science.
In the article, “Drive Shaft Ruling May Expand Challenges To Patent Eligibility,” Mark notes, in part, that because many mechanical and electronic inventions could arguably be described as being directed to a law of nature, such as the law of gravity, he believes “defense attorneys are going to pick up on this, and it would be wise if they did. There are so many laws of nature that now people are really going to start thinking hard about, what law does this claim implicate?"
The article can be read in its entirety on the Law360 website (sub. req.).
For more information on the American Axle ruling, please see the recent IP alert written by Mark with associate Donald R. Bunton.
IP Alert | USPTO Fast-Track Appeals Pilot Program Still AvailableMarch 2, 2021
Several months into the one-year Fast-Track Appeals Pilot Program, the USPTO reviews its progress. Read more
IP Alert | Federal Circuit Clarifies Equitable Intervening Rights Extend Beyond Protecting Monetary InvestmentsFebruary 26, 2021
On February 19, in John Bean Technologies Corp. v. Morris & Associates, Inc., the Federal Circuit clarified the types of investments that may be entitled to protections under the doctrine of equitable intervening rights, holding that it can extend beyond a monetary investment. Read more