JTEKT CORPORATION v. GKN AUTOMOTIVE LTD.

  • Aug 6 2018
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  • Category: CAFC Updates

GKN Automotive owns U.S. Patent No. 8,215,440 relating to a drivetrain for a four-wheel drive vehicle that is made up of primary and secondary drivetrains. In inter partes review, the PTAB found claims 2 and 3 of the ’440 patent not unpatentable. JTEKT, the petitioner in the IPR, appealed. Because JTEKT has not established at this stage of the development that its product creates a concrete and substantial risk of infringement or will likely lead to claims of infringement, the CAFC concludes that JTEKT lacks standing to appeal, and dismisses the appeal.

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