Justices Urged To Undo Standing Limits On PTAB Appeals

December 10, 2018 – Firm News

In a petition for a writ of certiorari, JTEKT said it is planning a product that may be at risk of a suit by rival GKN Automotive Ltd. alleging infringement of the patent at issue on a drivetrain for a four-wheel drive vehicle, though no suit has been filed. That is sufficient to give it standing to appeal the Patent Trial and Appeal Board’s decision, the company said.

The Federal Circuit held in August that JTEKT did not have standing because it didn’t show it had “concrete plans for future activity that creates a substantial risk of future infringement.” The petition says that cannot be squared with the text of the America Invents Act, which says parties dissatisfied with a PTAB decision can appeal.

"The clear language of the statutes points to Congress' intent for any party dissatisfied with a final decision to have standing to appeal," JTEKT said.Clic