Dennis Crouch of Patently-O has a breakdown of the patent cases currently pending before the United States Supreme Court. As he points out, a number of these cases could be transformative if certiorari were granted, including American axle discussed below. It’s worth taking the time to read her entire post.

But for the sake of this blog, let’s look at the pending petitions that touch on patent eligibility:

• American Axle & Manufacturing, Inc. v. Neapco Holdings LLC – If the Supreme Court takes up a case under Article 101, it must be this one. There is drama: the federal circuit is also divided (6-6) on the opportunity to hear the case again
  in bench (and dissidents). It is also a signal: the Supreme Court has asked for the opinion of the solicitor general.

In January I wrote that American axle may be the appropriate way for the court to respond, as American Axle put it, to the “pleas for help” from the federal circuit. But the Supreme Court certainly failed to deal with section 101. So will the court grant this request? ¯ _ (?) _ / ¯ (Learn more about American axle regarding the clarity of patent eligibility and subsequent actions.)

• ENCO v Systems.
  DaVincia – The Federal Circuit has asserted the ineligibility of a patent aimed at automating the audio-visual (AV) captioning process, which included converting audio to text and associating that text with the corresponding video. The Federal Circuit found that the focus was not on specific enhanced computer technology, but simply on using computers to “conserve human resources” by automating work.

Although this is an interesting case, it does not offer what American axle done, and I expect the Supreme Court to dismiss this request.

• Bongiorno v.
  Hirschfeld – The blog covered the
  Bongiorno decision this summer, where the Federal Circuit agreed with the PTAB when it determined that the patent claims were to “plan and execute a vacation or travel itinerary,” which was in effect a method of organizing of human activity – an abstract idea.

Will the Supreme Court grant this request?

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