Supreme Court Refuses (Again) to Jump Back Into the 101 Fray

As we’ve written about multiple times, a petition for certiorari from the Federal Circuit’s starkly divided decision in American Axle has been pending at the Supreme Court for some time (see here, here, and here).  Many thought this would be the case in which the Supreme Court finally provided some clarification on Section 101.  After all, the Federal Circuit split six-to-six in denying rehearing, with opinions stating the need for revisiting the Supreme Court’s precedent.  Well now the Supreme Court has finally acted, but perhaps not in the way many had hoped:  it denied the petition this morning, perhaps signaling that the Federal Circuit will need to resolve the thorny 101 issues on its own en banc or Congress will need to act.

Read the full blog post.