Justices Won't Look At Standing Limits For PTAB Appeals

By Dani Kass (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....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!