No. 18-750

JTEKT Corporation v. GKN Automotive Ltd.

Lower Court: Federal Circuit
Docketed: 2018-12-12
Status: Denied
Type: Paid
Amici (1)Relisted (2)
Tags: article-iii article-iii-standing estoppel injury-in-fact inter-partes-review patent patent-office-appeal patent-standing standing standing-article-iii-injury-in-fact-patent-office- statutory-interpretation statutory-rights
Key Terms:
AdministrativeLaw Patent Trademark JusticiabilityDoctri
Latest Conference: 2019-06-13 (distributed 2 times)
Question Presented (from Petition)

Can the Federal Circuit refuse to hear an appeal by a petitioner from an adverse final decision in a Patent Office inter partes review on the basis of lack of a patent-inflicted injury in fact when Congress has (i) statutorily created the right for parties dissatisfied with a final decision of the Patent Office to appeal to the Federal Circuit, (ii) statutorily created the right to have the Director of the Patent Office cancel patent claims when the petitioner has met its burden to show unpatentability of those claims, and (iii) statutorily created an estoppel prohibiting the petitioner from again challenging the patent claims?

Question Presented (AI Summary)

Can the Federal Circuit refuse to hear an appeal by a petitioner from an adverse final decision in a Patent Office inter partes review on the basis of lack of a patent-inflicted injury in fact when Congress has (i) statutorily created the right for parties dissatisfied with a final decision of the Patent Office to appeal to the Federal Circuit, (ii) statutorily created the right to have the Director of the Patent Office cancel patent claims when the petitioner has met its burden to show unpatentability of those claims, and (iii) statutorily created an estoppel prohibiting the petitioner from again challenging the patent claims?

Docket Entries

2019-06-17
Petition DENIED.
2019-05-28
DISTRIBUTED for Conference of 6/13/2019.
2019-02-06
Rescheduled.
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-11
Brief amicus curiae of Askeladden, L.L.C. filed.
2019-01-11
Brief of respondent GKN Automotive, Ltd. in opposition filed.
2018-12-07
Petition for a writ of certiorari filed. (Response due January 11, 2019)

Attorneys

ASKELADDEN L.L.C.
Charles Robert MacedoAmster, Rothstein & Ebenstein LLP, Amicus
GKN AUTOMOTIVE LTD.
Linda Dupont MettesBrooks Kushman P.C., Respondent
JTEKT CORPORATION
Wilbur Todd BakerOblon, McClelland, Maier & Neustadt, LLP, Petitioner