Amarin Corp Plc (AMRN)

[Bouf]

CTAFC VERY DIVIDED

For those interested in the strong divisions among the judges on the CTAFC, read American Axle v. Neapco Holdings, 2020 WL 4377542, decided on 7/31/20. This is the decision denying full court (en banc) review to a 3 judge panel ruling upholding a district court’s denial of patent eligibility to an auto driveshaft technology copied by the plaintiff’s competitor. Although it does not involve an obviousness question, the case is illuminating of the sharp divisions on the court over what is patentable and what is not. There are multiple dissents from Judges Newman, O’Malley and Stoll that talk at length about broader concerns regarding patent eligibility questions becoming too uncertain and too much of a “litigation gamble.”

Sound familiar?

B