Justices Won't Look At Standing Limits For PTAB Appeals

Law360 (June 17, 2019, 2:33 PM EDT) -- The U.S. Supreme Court on Monday said it wouldn't take up a case examining whether a company has standing to appeal a Patent Trial and Appeal Board decision when the product that could trigger infringement proceedings is still under development.

Auto parts maker JTEKT Corp. had appealed to the justices when the Federal Circuit said it didn't have standing to appeal a PTAB decision upholding claims in a rival's patent. The Federal Circuit said JTEKT hadn't proven there is a substantial risk that the product it's still developing would infringe the patent.

As is customary, the justices didn't explain their decision....

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Supreme Court

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December 12, 2018

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