JTEKT Corp. v. GKN Auto. Ltd., 17-1828 – On August 3, 2018, the Federal Circuit dismissed a Japanese corporation’s, JTEKT’s, appeal from a USPTO inter partes review decision in favor of British company, GKN.  The Federal Circuit found that JTEKT lacked standing to appeal because JTEKT has not established injury in fact.  According to Chief Judge PROST, “where the party relies on potential infringement liability as a basis for injury in fact, but is not currently engaging in infringing activity, it must establish that it has concrete plans for future activity that creates a substantial risk of future infringement or likely cause the patentee to assert a claim of infringement.”  The Federal Circuit found that the possibility of infringement was “impossible to quantify at this time” because JTEKT’s product was still in development.