Patent Eligibility: What’s Going On With ‘American Axle’?

If you’ve followed the somewhat (to put it diplomatically) uneven development of § 101 law over the past decade, you’ve probably heard of the U.S. Court of Appeals for the Federal Circuit’s 2020 decision in American Axle v. Neapco Holdings. American Axle petitioned for certiorari, and—just days ago, on May 24—the Solicitor General filed a brief recommending that the U.S. Supreme Court grant the petition.

This article provides an update on the status of the case, makes observations about the Solicitor General’s brief, and tries to predict what may happen next.