Market Overview

Federal Circuit Decision Upholds Validity of GKN Automotive Patent


Brooks Kushman serves as legal counsel to uphold critical claims in
GKN Automotive's patent

The United States Court of Appeals for the Federal Circuit recently
dismissed JTEKT's challenges of GKN Automotive Ltd.'s patent claims in
US 8,215,440, upholding the novelty and non-obviousness findings for key
patent claims and in determining JTEKT lacked standing to appeal the
prior decision.

JTEKT unsuccessfully challenged many of GKN Automotive's patent claims
before the Patent Trial and Appeal Board (PTAB) in 2015 relating to U.S.
Patent No. 8,215,440. However, the PTAB confirmed the validity of key
patent claims in the 2017 decision that are instrumental to GKN
Automotive's all-wheel drive Twinster® technology.

The appeals court, in a precedential opinion, ruled that JTEKT does not
have standing for an appeal to challenge the PTAB decision. The patent
issued in 2012 covers technology involving drivelines switchable between
a four-wheel mode and a two-wheel mode.

"We are thrilled with the outcome of this matter," stated Jennifer M.
Brumbaugh, Deputy Director of Intellectual Property on behalf of GKN
Automotive Ltd. "The '440 patent is one key item of a suite of patents
and intellectual property rights worldwide that protect our Twinster
technology. GKN Automotive will continue to defend its intellectual
property and leverage our patent rights to maintain our market-leading
position in all-wheel drive and electric mobility technologies."

GKN Automotive Ltd. was represented by Linda Mettes, Kristin Murphy, and
Sangeeta Shah of Brooks Kushman P.C. In addition to presenting arguments
against JTEKT's challenge to the PTAB decision, the legal team argued to
the Federal Circuit that JTEKT failed to establish the requisite Article
III standing required to pursue an appeal of the PTAB's 2017 decision.

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