SOUTHFIELD, Mich. – Brooks Kushman Shareholder Linda Mettes was featured in a Law360 June 17, 2019 article, “Justices Won't Look At Standing Limits For PTAB Appeals.” The win at the Supreme Court was also referenced in a National Law Journal June 17, 2019 article, “Supreme Court Keeps a Tight Lid on PTAB Appeals.”
The Supreme Court case was closely followed to see if the standard articulated by the Federal Circuit Court of Appeals for standing would be reviewed. Brooks Kushman had successfully defended client GKN Automotive Ltd. (GKN) in an Inter Partes Review (IPR) proceeding brought by competitor JTEKT Corp. Brooks Kushman thereafter succeeded on appeal when the Federal Circuit dismissed JTEKT’s appeal based on its failure to establish the requisite Article III standing required to pursue an appeal of the IPR decision against it. JTEKT petitioned the Supreme Court to review how the Federal Circuit handles standing for appeals after an unfavorable IPR outcome. The Supreme Court agreed with the brief of Brooks Kushman that JTEKT’s petition should be denied.
In the article, Mettes is quoted in the Law360 article stating, “GKN Automotive is pleased with the decision of the Supreme Court to deny the petition and remains confident in the validity of the patent following the decision of the Patent Trial and Appeals Board confirming its validity.” Mettes had explained that JTEKT lacked standing because it failed to show that the PTAB decision caused injury or put it at risk of an infringement suit.
With 25 years of experience, Mettes has litigated patent, trademark, trade secret, and copyright cases nationwide. She has also worked on many IPRs and prosecuted patents, particularly for patents asserted or about to be asserted in litigation.
The full Law360 article can be found here.
The full National Law Journal article can be found here.