standing to appeal IPR decision : CAFC Alert

Standing to Appeal an Adverse IPR Decision to the CAFC

| August 16, 2018

JTEKT Corp. v. GKN Automotive Ltd.

August 3, 2018

Before Prost, Dyk and O’Malley. Opinion by Dyk.


JTEKT Corporation (“JTEKT”) instituted an inter partes review (“IPR”) of the patentability of claims 1-7 of U.S. Patent No. 8,215,440 (“the ‘440 patent”), owned by GKN Automotive (“GKN”).  The Patent Trial and Appeal Board (“the Board”) issued an adverse decision regarding claims 2 and 3, holding that JTEKT did not show that claims 2 and 3 would have been obvious over the prior art of Teraoka in view of Watanabe.  JTEKT appealed the adverse decision to the CAFC.  The CAFC dismissed the appeal, finding that JTEKT lacks standing to appeal.

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