On August 3, 2018, the Federal Circuit Court of Appeals found in favor of Brooks Kushman’s client GKN Automotive Ltd. (GKN) on the issue of standing after Inter Partes Review (IPR). Brooks Kushman shareholder Linda Mettes argued to the Federal Circuit that IPR petitioner JTEKT failed to establish the requisite Article III standing required to pursue an appeal of the PTAB decision against it. The Federal Circuit agreed and dismissed the appeal in a precedential opinion.
The Patent Trial and Appeal Board (PTAB) found that JTEKT Corp. failed to prove the obviousness of two claims related to GKN’s patent, U. S. No. 8,215,440. Brooks Kushman shareholder Sangeeta G. Shah led the IPR team that resulted in this favorable PTAB decision that confirmed the patentability on important technology involving drivelines switchable between a four-wheel mode and a two-wheel mode. This technology is instrumental to GKN Automotive’s all-wheel drive Twinster ® technology.