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On Demand

The Denial of Certiorari in 'American Axle': What It Means for Patent Law and What (If Anything) It Says About the Supreme Court's Case-Selection Criteria



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Description: In late June 2022, the U.S. Supreme Court denied certiorari in American Axle & Manufacturing v. Neapco Holdings, 939 F.3d 1355 (Fed. Cir. 2019), modified on pet. for reh’g, 967 F.3d 1285 (Fed Cir. 2020). The denial of certiorari let stand a controversial decision of the U.S. Court of Appeals for the Federal Circuit concerning the law of patent eligibility.  The certiorari denial is also significant for another reason: It represents a departure from the deference historically shown by the court to the case-selection recommendations of the U.S. Solicitor General.
 
This webinar will break down the American Axle decision, explain why it has generated so much controversy, and explore what it might reveal about the Solicitor General’s continuing influence on the Supreme Court’s patent docket.
 
Presenter Bios 
 
Laura W. Smalley is a partner in the Intellectual Property Practice Group of Harris Beach PLLC, one of the leading law firms in New York State as ranked by the National Law Journal.  She was selected as one of the Best Lawyers in America and represents clients in patent licensing, litigation and prosecution.  Laura focuses on protection and enforcement of intellectual property rights and clients’ development of their technology. She has litigated numerous patent infringement suits involving medical devices, electronic components and imaging technology, including acting as trial counsel in a patent infringement action over key components for pacemakers and implantable defibrillators that resulted in a $27 million judgment.
 
Laura also prosecutes patents in the chemical field and has a technical background in chemistry, including organic and analytical chemistry. She has prosecuted patents relating to cancer immunotherapies, cyclic peptides, medical devices and catalysts, among other technologies.  She has participated in post-issuance proceedings, including PTAB and ex parte reexamination proceedings. She is a member of AIPLA and currently serves as the vice-chair of the Biotechnology Committee. She previously served on the committee revising AIPLA’s Model Patent Jury Instructions and on the patentability subcommittee of the Patent Law Committee
 
Brian Ginsberg is a partner in Harris Beach’s Appellate Practice Group, where he leads appeals spanning a broad spectrum of industries and legal issues in federal and state courts in New York and across the country. A nationally recognized appellate litigator, Brian is a veteran of the Office of the New York State Solicitor General, the elite unit responsible for representing the state in some of its most economically, politically, and socially significant appeals, including appeals in the U.S. Supreme Court. In addition to his appellate work, Brian collaborates on cases at the trial level to help shape legal strategy, litigate critical motions, and direct other key tasks that benefit from his focused analysis, rigorous brief writing, and strong oral advocacy. Brian also guides clients through administrative proceedings that present novel or substantial legal questions.
 
Brian has handled hundreds of appeals and critical motions over the course of his career. A seasoned courtroom lawyer, he has personally argued 85 appeals, including 21 in the U.S. Court of Appeals for the Second Circuit and seven in the New York State Court of Appeals. Brian’s cases have covered numerous industries, such as financial services, entertainment, healthcare, telecommunications, energy, transportation, gaming and wagering, and consumer products. Brian’s cases have also encompassed a diverse array of legal subjects: administrative law, constitutional law, class-action defense, intellectual property, tax, insurance, bankruptcy, arbitration, antitrust, professional malpractice, personal injury, civil rights, labor, employment, contractual disputes, business torts, whistleblower actions, elections and voting rights, land use, public safety and emergency-response, white-collar crime, and others. Many of Brian’s matters have attracted significant media attention.



Practice Areas: Constitutional Law, Intellectual Property Law, Patent Law
Online Media Type: Video
Production Date: 12/15/2022
Level: Intermediate
Category: Standard
Duration: 1 Hours, 8 Minutes
Online Format: On Demand
Course Type: Public

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Credit Eligibility:
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Total Credits: 1
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Status: Reciprocal Credit Available
Expiration: 12/14/2025
Training Type: Online

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Speakers:
Laura Smalley - Harris Beach PLLC
Brian Ginsberg - Harris Beach PLLC
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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